Accepting a settlement in Michigan

[neenee]

I was injuried at work with a crushed leg and degloving of the leg do to a machine not being assembled correctly at work. The injury was so bad they wanted to amputate my leg. I was taken to three hospitals before they found a surgeon that was willing to try and save the leg (which was saved), but resulted in massive soft tisuue and nerve damage. I now have RSD, and take Lyrica 100mg 3 X a day, Vicoden 750 mg 4 X a day and Opana 40mg 2 X day. My job forced me back to work and I complied and worked under restrrictions for until last week when they cleaned house and stated no one could work more than 180 days with restrictions so they sent me back on workers compensation. They stated that according to my medical records I would not return, and would be looking at a settlement. The IC contacted my attorney the next day after my lasdt day of work with a settlement C & R for $100K. My attorney said take it it was a good offer but I will have this for life according to the 7 docotrs including WC doctors. How do I pay for medication? He stated get another job, if I could I would be at my old job they paid me well and I was in authority. Should I take the settlement? It will not pay the house off or the car, then no income coming in. He says Michigan is changing the WC laws and he should act fast, I am thinkgin of dropping him all together.

[1171]

you should at least discuss your case with other work comp attys.
staying with an atty you don't trust could result in a lot of second guessing after it's too late.
there maybe some here you can contact
https://www.wilg.org/index.cfm?pg=publicdirectory
or use the atty locator service at the bottom of this page.

[NewDriver]

NeeNee No way would I even entertain that settlement unless is was for indemnity only and open life time medical. You could blow through that amount of money in just a year or two with RSD.

I agree with 1171 you need to drop that atty like a hot potato and find one that is looking out for your long term best interests and NOT just to line his pockets.

Best of luck to you.

[neenee]

Yes, that is what I was thinking. I spoke to an lawyer today and he said no way my meds, would eat that up. Plus he thinks it maybe discrimantion they way they did the layoff. He sounds a lot better than the guy I have. Only thing they do not like working with you if you have already retained a lawyer, so I may be stuck with this lawyer who could care less.

[neenee]

Yes, that is what I was thinking. I spoke to an lawyer today and he said no way my meds, would eat that up. Plus he thinks it maybe discrimantion they way they did the layoff. He sounds a lot better than the guy I have. Only thing they do not like working with you if you have already retained a lawyer, so I may be stuck with this lawyer who could care less.

[jayne]

your on WC stay that way I wouldnt settle....

[neenee]

(06-30-2011 10:52 PM)jayne Wrote:  your on WC stay that way I wouldnt settle....

That is what I said. I max out in michigan at $732 a week and medical.
Wasnt sure if I could since they offered a settlement.

[jayne]

you dont have to accept anything less than you deserve

[freebird]

Are you MMI? Have you had a FCE? Depending on a "lot" of circumstances, your $732 a week could be cut off but.....

If you need medical/prescription drugs in the future, you need to look at a WCMSA (Workers Compensation Medicare set aside) or open medical.

If anyone tries to close a WC Case without any future medical, Fines could be levied against Attorney's and possibly you. Medicare does not/ will not pay for your work related injury, Most GHP(Group Health Plans) will not pay for your injury. They expect WC IC to foot this bill.

Where are you at medically and what is your future medical needs? What does your latest IME SAY? Just because your employer cannot find a job for your restrictions does not mean you are free to continue to draw TTD.
Good Luck

http://www.cms.gov/WorkersCompAgencyServ...taside.asp

[JaneBeaner]

Hi all,

I'll give some background on me later but yes if you have the
MSA for the amount needed (are you catastrohpic) and are
qualified for SSD (did you apply) then you go two routes; the
SSD later but always the MSA first. Legally in all states I am told
we must.

I near went to settlement but my meds on brand name for 20
year life span were over a million (am catastrophic another
state), at generic the employer was willing to come to me. Thing
is I am past indemnity my PM died and the type of PM I get is
very rare we have maybe 8 in the U.S. high intensity. He does now
have me on generic my health has severely gone bad (might die
at any time I do have end stage RSD systemic and many other
secondary from the injury) and I have told them get a new MSA
make me a personal or lump sum settlement that I can accept,
and I will revert MST annuity back. Meaning originally I wanted that
in trust for family. Any ideas from you pros?

JB

(07-01-2011 11:29 AM)freebird Wrote:  Are you MMI? Have you had a FCE? Depending on a "lot" of circumstances, your $732 a week could be cut off but.....

If you need medical/prescription drugs in the future, you need to look at a WCMSA (Workers Compensation Medicare set aside) or open medical.

If anyone tries to close a WC Case without any future medical, Fines could be levied against Attorney's and possibly you. Medicare does not/ will not pay for your work related injury, Most GHP(Group Health Plans) will not pay for your injury. They expect WC IC to foot this bill.

Where are you at medically and what is your future medical needs? What does your latest IME SAY? Just because your employer cannot find a job for your restrictions does not mean you are free to continue to draw TTD.
Good Luck

http://www.cms.gov/WorkersCompAgencyServ...taside.asp