Settlement Offered

[upguy]

Hello,
All from Michigan!! While at work I hyper extended my arm catching a box that fell from 7' high. I was unable to have a MRI because of metalic implants so I had a Arthgram and that showed the torn rotator cuff. So I had surgery and then the 8 months of PT. I still had pain... So another surgery and they discovered a frayed/irriatted Lower head bicept tendon. So I had another procedure to take care of that. Now after the PT from that procedure I still have pain... Not as bad but its there constantly.
Now after the 2nd opinion Dr recomended another procedure with it being noted that there isnt much of a chance of significant improvements from this procedure.
Currently the Comp people have made a offer for a settlement of 5 yrs of benifit. I have no attorney because everything has went so well to this point. Should I get a attorney involved and is that a standard offer.

[LeglEgl]

You'd be better off consulting with an attorney. If you're still facing surgery, there may be issues that will arise beyond 5 years. Cashing out now might not be in your best interest.

[upguy]

If there is spefic guidelines involved what would be the benefit of getting a attorney ?

[1171]

you don't have to buy out future benefits you can accept all future benefits as needed.
more on additional comp benefits available under michigan comp law
http://www.michigan.gov/documents/wca_PU...5317_7.pdf

[LeglEgl]

(11-10-2011 02:35 PM)upguy Wrote:  If there is spefic guidelines involved what would be the benefit of getting a attorney ?

You're actually talking about two different things. When you said the IC offered to settle (cash out) at a rate equal to 5 years of benefits, that equates to the weekly (periodic) wage loss benefits. You may not actually have 5 years of benefits remaining, as there may be a cap on the number of weeks you could draw, so they're probably using that as a reference point to come up with a figure.

The problem arises when you have no clue as to IF, WHEN, or WHAT medical treatment you might need AFTER 5 years, and that "settlement" may or may not cover the cost.

There are also issues of whether a WCMSA might be required if you're going to be eligible for SSDI within 30 months (2 1/2 years) of the settlement. This is required to protect Medicare from having to cover medical care for the work-related injury after settlement.

You are in a position now, where an attorney would do you more good than harm.