Settlement Claim

[Road]

Hi, I am new to the forum and hope I am doing this right,
Ok, my story, injured my back on the job while performing my duties in Apr 2011, thru 16 x-rays they determined I had a herniated disk, 3 buldging disks and a pinched siatic nerve, giving me lower back pain and serious pain down my right leg and right foot.. was put on 90day light duty with my employer while seeing back specialists and it was decided I needed lower back surgery to repair the siatic nerve. I had a bi-latteral L4-5 decompression in Oct 2011 and have been off work since 2wks prior to surgery.
I went thru all the physical therapy that I was instructed to do, went thru the FCE in April 2012 and saw the surgeon for a final visit early May 2012 and at that time he signed off on the FCE, gave me an 8% disability, and a return to work with permanent restrictions of no lifting more than 25#, no prolonged sitting or standing..I sent the FCE report and return to work form to WC, and also my WC dept with my employer...My WC dept said they would refer all paperwork to our HR dept and they would get back to me with a decision..
I am a truck driver by trade, 18 wheeler and work for a large LTL carrier. The work is long hours and very physically demanding. I do have office experience with my company and could go back to work for that, but have not heard a word from WC or my employer since I sent them the paperwork.
I am still receiving my Full weekly check from WC and my attorney said those would stop as soon as I was released to back to work...they haven`t..
I am a 63yr old male, I have Never had any kind of back issues in my life, in pretty good health, not overweight, and wouldn`t really care if they don`t have anything for me at work...I would be satisified to collect my Soc Sec and just get this over with.
My attorney seems to be dragging his feet with this, and I have been told in the past by Dr`s that I should get a sizeable settlement out of this, now my attorney is talking much much smaller amount with monthly checks from disibility checks from WC for 80wks (8% disibility from Dr)..but what I would like to know is what kind of lump sum of settlement can I expect..I still have lower back pain continuous everyday, unable to do the things I was able to do before the injury, house chores, mowing the lawn ect, sports, I used to play golf, and feel my life has been forever changed..I do not want a drawn out settlement over say 10yrs, I may not have that long in the first place, and would like any comments from anyone who might have gone thru this before. I live in Wisc...[/font]

[1171]

you forgot one major piece of information:
your state.

most doctors do not know work comp law:
8% will not provide a "sizable settlement" as you have discovered.

considering it's been just over a month, you should not expect to have your case settled yet. if you are going to dispute the rating it could take many more months.

without knowing your state i cannot provide additional details on your situation.

of course you can change your atty at any time.

[kate]

(06-13-2012 10:06 AM)1171 Wrote:  you forgot one major piece of information:
your state.

Last sentence says Wisc.
I missed it at first also.

[hurt back]

Road - I'm not sure how wisc. law works. But I do know that once your have reached your MMI you normally won't settle immediately... And from what I've read most states now get away from " lump sum payment" with the exception of my state TN, they almost always do lump sum...

There are alot of different factors that will affect your settlement, your rating of course (which you've mentioned), and sometimes / some states you can close our your medical for additional money, but I would not recommend unless you fell that you should..

I'm sure some other people can chime in and help with your area's law.. I would just keep in touch with my lawyer as much as possible to ensure he is "moving" forward with it though.

[Road]

(06-13-2012 10:06 AM)1171 Wrote:  you forgot one major piece of information:
your state.

most doctors do not know work comp law:
8% will not provide a "sizable settlement" as you have discovered.

considering it's been just over a month, you should not expect to have your case settled yet. if you are going to dispute the rating it could take many more months.

without knowing your state i cannot provide additional details on your situation.

of course you can change your atty at any time.

I listed my state as being Wisconsin...right at the bottom of my post...and thanks for your input.

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(06-13-2012 10:40 AM)hurt back Wrote:  Road - I'm not sure how wisc. law works. But I do know that once your have reached your MMI you normally won't settle immediately... And from what I've read most states now get away from " lump sum payment" with the exception of my state TN, they almost always do lump sum...

There are alot of different factors that will affect your settlement, your rating of course (which you've mentioned), and sometimes / some states you can close our your medical for additional money, but I would not recommend unless you fell that you should..

I'm sure some other people can chime in and help with your area's law.. I would just keep in touch with my lawyer as much as possible to ensure he is "moving" forward with it though.

Thanks for your input...I am not getting the response from my attorney like I would expect, maybe he`s busy, and have contacted another WC attorney to see if they can help, haven`t heard back from them...It just seems that I haven`t gotten much better, however the operation that I had was to relieve the pressure on my siatic nerve that was causing alot of pain and numbness in my right leg and foot...That seemed to help my leg and foot, but my back hurts on a daily basis and surgeon says I will either have to live with that or sechudle more surgery which I don`t want to do...Like I said, I`m 63, in early stages of COPD and know I only have a few quality years left in me and want to enjoy them the best I can...Just seems sad that for someone who has never filed a WC claim before, and never had back problems in my life, that now that my life has changed drasticly that it seems I won`t be compensated for it...

[1171]

yes, I missed the last word abbreviation.

managing expectations is large part of successfully navigating the comp system.
most make many assumptions, have little facts, and few resources.

fortunately you've found a couple already: your atty & this board .

most attys do not have the time to explain about the system and are only able to communicate irregularly.
for the most part workers are on their own.

another valuable resource is your state's work comp website:
http://dwd.wisconsin.gov/wc/default.htm

a comp settlement is nothing more then the future unpaid benefits cashed out into a lump sum.
and it is not a strict arithmetic sum but it's reduced to a Present Value amount.

therefore to get an idea of a settlement amount you would need to know what future benefits the carrier is liable for.

you need to review the benefit section of your state's website for medical, rehabilitation, and permanent impairment benefits.

one false assumption most make is that work comp amounts are comparable to civil liability and tort settlements.

comp is much much lower as it is not based on fault. comp has separate laws and courts to handle these "no fault" disputes.

review your state's website and contact your atty or come back here when you have questions.

[Road]

(06-13-2012 07:52 PM)1171 Wrote:  yes, I missed the last word abbreviation.

managing expectations is large part of successfully navigating the comp system.
most make many assumptions, have little facts, and few resources.

fortunately you've found a couple already: your atty & this board .

most attys do not have the time to explain about the system and are only able to communicate irregularly.
for the most part workers are on their own.

another valuable resource is your state's work comp website:
http://dwd.wisconsin.gov/wc/default.htm

a comp settlement is nothing more then the future unpaid benefits cashed out into a lump sum.
and it is not a strict arithmetic sum but it's reduced to a Present Value amount.

therefore to get an idea of a settlement amount you would need to know what future benefits the carrier is liable for.

you need to review the benefit section of your state's website for medical, rehabilitation, and permanent impairment benefits.

one false assumption most make is that work comp amounts are comparable to civil liability and tort settlements.

comp is much much lower as it is not based on fault. comp has separate laws and courts to handle these "no fault" disputes.

review your state's website and contact your atty or come back here when you have questions.

Thank you 1171 for your info...I feel I am lucky enough to be working with an attorney who has written a manual for WC here in Wisconsin and also teaches a class at the local college...Being able to have regular contact with him is the problem...but will do my best to get together with him to find out what my options are. He did warn me that this will not happen overnight and to have patience...If I have any further questions I will be back for your advice...
Thanks for this board, it is quite helpful with alot of different catagories to look thru...

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(06-13-2012 08:39 PM)Road Wrote:  

(06-13-2012 07:52 PM)1171 Wrote:  yes, I missed the last word abbreviation.

managing expectations is large part of successfully navigating the comp system.
most make many assumptions, have little facts, and few resources.

fortunately you've found a couple already: your atty & this board .

most attys do not have the time to explain about the system and are only able to communicate irregularly.
for the most part workers are on their own.

another valuable resource is your state's work comp website:
http://dwd.wisconsin.gov/wc/default.htm

a comp settlement is nothing more then the future unpaid benefits cashed out into a lump sum.
and it is not a strict arithmetic sum but it's reduced to a Present Value amount.

therefore to get an idea of a settlement amount you would need to know what future benefits the carrier is liable for.

you need to review the benefit section of your state's website for medical, rehabilitation, and permanent impairment benefits.

one false assumption most make is that work comp amounts are comparable to civil liability and tort settlements.

comp is much much lower as it is not based on fault. comp has separate laws and courts to handle these "no fault" disputes.

review your state's website and contact your atty or come back here when you have questions.

Thank you 1171 for your info...I feel I am lucky enough to be working with an attorney who has written a manual for WC here in Wisconsin and also teaches a class at the local college...Being able to have regular contact with him is the problem...but will do my best to get together with him to find out what my options are. He did warn me that this will not happen overnight and to have patience...If I have any further questions I will be back for your advice...
Thanks for this board, it is quite helpful with alot of different catagories to look thru...


One thing I would like to add, I am not knowledgeable in the workmans comp field, in my 63yrs of life, this is the first time I`ve been involved with any of this, and I guess I am learning about all the red tape thats involved, so yours and all posters advice and comments are greatly appreciated.. Thank You