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Michigan-worker's comp settlement for $60,000 fair for a broken back?
#1
My question is about a settlement for a Michigan worker. My sister in law had a 200 pound food cart tip over on her in 2012, while she and another worker were pulling it up a damaged ramp. She ended up with a broken back, a broken foot and liver/ pancreas problems (which eventually required surgery). Her comp benefits were cut last summer and she is currently getting Social Security disability benefits of about $800 per month, part of which goes to her Medicare insurance.

The insurance company wants her to settle for $60,000 (of which her joke of a lawyer will get 1/3). He would like her to settle as well.  She isn't totally disabled but has constant back and foot pain, so what she can do is limited. She had foot surgery done at the time of the incident but it wasn't done correctly so it will likely need further surgery for it to ever be right. She is currently on 2 pain meds and another for anxiety.

Is $60,000 a fair settlement for Michigan? Her case goes before a judge or magistrate soon and her lawyer just wants to get it done so he isn't giving her any counsel on whether or not that's a fair amount.

Thanks!
 
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#2
depends on the wage loss evidence and her medical needs.
the court will award benefits according to the law: continuation of wage loss and open medical
it is not necessary for her to negotiate or accept a lump sum buyout.
using the calculator may help her determine her disability benefits
http://www.michigan.gov/wca/0,4682,7-191...--,00.html

the rules for establishing wage loss are here
http://www.michigan.gov/wca/0,4682,7-191...-F,00.html
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#3
Her atty wouldn't happen to be David Grant, would it?

Anyway... I'm not settling without open medical and she should not either.
 
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