When can I expect a settlement

[kimi2kym]

I was injured in california in april 2010, was taken off work, returned on modified duty then taken off work again, because my employer only allows modified duty for 90 days, then you have to go on full disablity and i returned to work on full duty in December 2010. Im a nurse and my injury to my lower back and right wrist was from a slip in fall at work. At first they did not approve my case, so i got a attorney then in March 2011 approved and started paying all my doctors, sending me checks for my permanent and stationary status of my disability. Guess it was money they owed me. I went to a court date in february 2011 and my attorney met with me, told me that my employer wont settle until I have a qme. The qme doctor basically agreed with my physicians that I should not return to bedside patient care and should not lift more then 50 lbs, my doctor said 25 lbs. This was in July 2011. I currently work in administration and dont do bedside patient care but I now feel im stuck in one aspect of nursing. Im only 35 and a huge part of my nursing career cut. My injury the qme states is affecting 5% of my body. I received a letter from the court about another court date at the end of the month. Im thinking this will end up with a settlement but not sure. Im also not sure what kind of settlement I can expect for this type of injury. I have an attorney but I just want to make sure I have some idea of what to expect, since I have never been involved in anything like this before. Thanks for any advice

[1171]

depending on what your final rating turns out to be, you are looking at $3k-$4k in impairment benefits.
there are many variables in calculating disability amounts.
if you buy out your future medical and close out the claim, it maybe a bit more. the permanent disability payments to date will be deducted.
you are also entitled to a retraining voucher worth up to $4000 in services.
more here:
http://www.dir.ca.gov/dwc/SJDB/SJDB_FAQ.html

[Woodlawn]

Well, the 5% pd is i think $4140 (or a bit less)

If you are working for the same employer, the carrier won't settle by compromise and release (future medical buyout.) The settlement will be a stipulation, where that pd is what you get, less attorney fees.

As far as how long, hard to say. It doesn,t sound like there's much to argue about at this point, so if you want it settled push your attorney to make a demand.

[kimi2kym]

yes I am still working with the same employer, and at least that gives me a good idea of what to expect. My attorney doesnt say much of course, Im always talking to his assistant. Oh well I just want to be done and over with this. Well I hope they give me the retraining voucher, since now im stuck in a very small section of nursing. That would be nice, but I wont expect much from them. I dont even know how long my pd will last, im getting like 460 every 2 weeks for about 5 months now, but they never said how long I was going to get it and my attorney didnt know either. If thats what my attorney gets paid from, what if I have been over paid, will I have to then pay my attorney back. Ughh, this gets more annoying by the day. Thanks for you all your help

[kimi2kym]

Also can I receive tort damages for slip and falling at work because it was while I was walking into work and it was due to poor conditions of the parking lot stairway. Just curious

[LeglEgl]

(10-07-2011 02:33 PM)kimi2kym Wrote:  Also can I receive tort damages for slip and falling at work because it was while I was walking into work and it was due to poor conditions of the parking lot stairway. Just curious

Generally, no. By law, your exclusive remedy for an on-the-job injury is Workers Compensation.

However, consider this. If the parking lot (deck) is not owned by the Hospital, or is owned by the Hospital and maintained by contract with a private contractor, there may be a third-party liability issue.

Discuss this with your attorney.

Otherwise, if you were in the process of reporting to work, and the parking lot (deck) is owned and maintained by the Hospital (employer), then it goes back to my first comment.

[ammowoman]

In my husbands case his attorney will file a tort case againt the company once his workers comp case is settled. We haven't really discussed details yet but from what I understand he will file suit againt the company which will open their records to him. That will let him see what insurance they carried. He seems to be pretty sure that they have insurance on the heavy equipment and/or the operators of the equipment. If so, we will be making claims againt the company's insurance.

I'm sorry I couldn't be more help. We haven't really gotten into the tort case yet. We do know if he does file against the companies insurance and receives a settlement, WC will be paid back from it.

[LeglEgl]

(10-07-2011 09:37 PM)ammowoman Wrote:  In my husbands case his attorney will file a tort case againt the company once his workers comp case is settled. We haven't really discussed details yet but from what I understand he will file suit againt the company which will open their records to him. That will let him see what insurance they carried. He seems to be pretty sure that they have insurance on the heavy equipment and/or the operators of the equipment. If so, we will be making claims againt the company's insurance.

I'm sorry I couldn't be more help. We haven't really gotten into the tort case yet. We do know if he does file against the companies insurance and receives a settlement, WC will be paid back from it.

I can certainly appreciate all this, but your husband's situation isn't even closely resembling this poster's situation. Yes, there are occasions where a tort action can be filed....and maybe your husband's case is one of them. This poster's situation, however probably isn't.

Best of luck on the tort claim. It's always refreshing to hold others accountable when they should be.

[kimi2kym]

Thank and yes so true but I doubt I will take anything even close to that far. I want to put this behind me, sucks my employer forced me into a position of having to get an attorney in the first place. Thanks everyone, guess Ill see what happens on the 31st