Comp Settlement

[heynow]

Insurance company offers me $100,000 which doesn't seem like a lot to me.

I had surgery (October 2010) to repair a work accident that has left me with nerve damage and limited range of motion in my left wrist/forearm. Another surgery is an option if I decide I want to go through with it. Had an IME back in Feb. and have no idea what the report says. My attorney claims he has never seen this report either. I have to assume that the report is in my favor due to the fact the insurance company contacted my attorney about a settlement. The offer seems low to me. Any thoughts would be great. I am in PA.

Thanks

[1171]

subpoena the doctor or his records or both.

[Frank Lafferty]

A settlement offer is predicated on several different things, such as your comp rate, liklihood of future medicals etc. Your attorney is really the person who should be advising you if the offer is a good one.

[bronco54501]

Is that your dominant hand...? There is really alot of factors in volved with a settlement.. If another surgery is in the picture and you wait til after settlement, between the surgery and meds it could be burned up quickly.. Now if you are still able to work at your regular job and can still function well enough, and if no other surgery was needed.......Take the money, its a good offer......

[villui]

im very interested to see what you settle for because i have a very very similar injury. fractured c-7 caused radial nerve damage which caused permanant wrist drop . i cant move my wrist up and down and barley use fingers of my left hand

and i agree 100k isnt alot compared to what we loose

[heynow]

Yes, my injury is to my dominant hand and I lost my job as they laid me off when I got hurt. Finding work at the salary I had when I got hurt has been difficult. I am physically limited as to what I can lift or do. I can do most normal functions with some degree of difficulty. Anything above that it becomes next to impossible. Could I live like this forever? With the right job I think I could but I have been unable to find that job. The only thing I would miss and do miss is going to the gym. I also really don't feel like getting cut open again and going through months of rehab either. $100,000 and my lawyer gets 20% and they are not willing to leave medical open. I realize I am not going to make a lot of money on this but lets be fair about it.

@villui...I can move the wrist up and down. I just can't rotate my wrist, maybe a few degrees either direction. Presents a challenge writing and forget about turning a door knob, can't do it.

[Timothy Belt]

[quote='heynow' pid='145454' dateline='1342214557']
Yes, my injury is to my dominant hand and I lost my job as they laid me off when I got hurt. Finding work at the salary I had when I got hurt has been difficult. I am physically limited as to what I can lift or do. I can do most normal functions with some degree of difficulty. Anything above that it becomes next to impossible. Could I live like this forever? With the right job I think I could but I have been unable to find that job. The only thing I would miss and do miss is going to the gym. I also really don't feel like getting cut open again and going through months of rehab either. $100,000 and my lawyer gets 20% and they are not willing to leave medical open. I realize I am not going to make a lot of money on this but lets be fair about it.

@villui...I can move the wrist up and down. I just can't rotate my wrist, maybe a few degrees either direction. Presents a challenge writing and forget about turning a door knob, can't do it.
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Unfortunately the IC does not view the value of your claim in regard to what you lost, but rather what they are going to have to pay in the future. In most PA cases, the most they have to worry about is wage loss and medical. Since your average weekly wage is fixed as of the date of injury, they don't have to worry about raises or cost of living increases. The IC is simply not going to pay more in a lump sum than they believe they will have to pay over time. Furthermore, most adjusters seem to have an ooptimisticmistic view of their chances in litigation, so they believe it is only a matter of time until they succeed in getting your benefits modified, suspended or terminated. I would join in some of the other responses that you should discuss the value in detail with your lawyer since he/she should know the details of your case.

[hurt back]

In your state is there not a way to leave the medical open? Then if need be down the road close out the medical portion? I know that every state is different but like others says $100k will only go so far toward another surgery....

Good luck

[heynow]

I am trying to have medical left open but my attorney tells me they (IC) want a full compromise and release in exchange for the lump sum payment. Tells me it is rare in PA to have medical left open.

[hurt back]

(07-15-2012 10:19 PM)heynow Wrote:  I am trying to have medical left open but my attorney tells me they (IC) want a full compromise and release in exchange for the lump sum payment. Tells me it is rare in PA to have medical left open.

Below is the link to what I've found ( hope it helps, its from a PA lawyer website. ) Its from the website address http://www.bnlegal.com/lawyer-attorney-1298614.html

2nd paragraph reads as follows:


In Pennsylvania, injured workers can settle their workers’ compensation cases through a process called “Compromise & Release.” This Compromise & Release can include medical coverage or could just settle the wage loss part of the case (meaning the injured worker would no longer receive weekly or bi-weekly checks, but would still have access to medical treatment for the injury). If a “full” Compromise & Release is done, which releases the workers’ compensation insurance carrier from all liability (wage loss and medical), the injured worker could be personally responsible for future medical treatment.

So I would contact my attorney and see if you can settle for the "regular" Comp&Release, instead of full..

Good Luck...