WC wants to settle wage part of claim

[fairycatz]

Hello All! Have a question I need answered, but my lawyer is on vacation! (She is for my third party lawsuit and is "advising" me on WC.)

I have been released to return to work since Nov with restrictions, but no work, anywhere. MA case. WC has offered to settle my measly weekly wages with a check for 6months wages. (Also wanted to settle injury and I said no way! Medical stays open in MA.) Broke my ankle and leg last Valentines Day with complications, DVT for one. Anyway, to make a long story short, like everyone, could really use the $, so have been contemplating it. ( I know if I win lawsuit I have to pay it back, but who cares, except maybe my lawyer! I need $ now to stay in my home!)

Just found out I will eventually need ankle fused, as it is slowly slipping out of alignment. Dr. said to expect all sorts of issues as I get older, am 44. He advised not to settle, as the fusion could happen sooner than later, and that alone is at least 4 months out of work. He also said if I really need $ to go for at least a year of wages.

Is this feasible? Also, say I go out 3 years from now, do they pay based on what I make for pay then or what I make at initial time of injury? That makes a difference too, and my lawyer never answered that with anything other than "depends"> she is NOT a WC lawyer, which is starting to concern me. And of course, WC won't tell you anything!

Any advice will be greatly appreciated. If more info is needed, let me know, but I figured this is long enough! lol!

Thanks in advance!

[sparkey]

I would not close out my medical if I were you. You said that you may need surgery down the road and if you do and it is filed under workers comp your insurance co. will not pay for it. This is where you would be very wrong to close out if surgery is needed. How would you pay for the surgery as surgery is not cheap????

Sometimes they ( wc ) know that money talks and if they offer you money that some will take it out of desperation. This is where they are testing you by giving you this offer. You may regret doing it for probably a very low offer from the IC and then suffer down the road with ankle pain and unable to pay for surgery. You need to seriously sit down and think which is more important, your health or money?

[fairycatz]

Hi Sparkey!

Thanks for advice! In Massachusetts, Medical Always stays open, so I couldn't settle that, even if they offered. And of course, I don't want to, especially as I do not have any health insurance due to this mess!

My PI Attorney says to treat WC IC like it was my health insurance, in other words just use them for the medical. But, as they are also my only source of income at the moment, that is important to me as well.

IC only offered to settle Weekly Wage Indemnity and permanent injury impairment. I refused injury impairment, before I even talked to lawyer. How the heck can they settle something that no one knows is complete yet! This offer came before my last appointment where Doc told me all the fun future holds (like today is any fun! lol!) ordered PT, and gave me an injection. I take several medications a day for nerve damage and pain, I also see several other Dr for the DVT treatment, Warfarin, and that will not be completed until at least April possibly longer. So even though I can work, treatment is no where near complete, and probably never will be.

IC definitely trying to get me to settle when I am down. This was only offered after I questioned where a mileage/trans reimbursement check was, had been 5 weeks. (SHe was on vaca! No one else does her job while she is gone?) I told her how much I need that money, and how with my old Rep it only took 2 weeks to process. "in MA IC has up to 1 month to process" funny how months now have 40+ days!

Would really love to know what the IC bases your wage indemnity on in future. The earnings you are making then, or what you make at original time of injury?

THanks for reply!

[calicocats]

I agree with Sparkey. Do not close out the medical. I would also get another lawyer, one who specializes in w/c. A lawyer who specializes in w/c will know all the laws for your state and will also have YOUR best interest at heart.

[fairycatz]

Thanks for the reply Calico! I am really starting to feel the same about getting another lawyer!

Mine should have told me all possible scenarios answers before she went on vaca. She knew I needed to get back to IC after DR visit; she gave me her blackberry email and told me she would reply while away. Funny, after I posted yesterday, she finally replied, after I gave up on her! She didn't give me any answer, said to call her office and set up phone appointment for next week! IC wants answer NOW, and I have been putting off calling them, but can't much longer.

I think you are correct that I need to find an attorney who is looking out for my interests, not only their $!!

Take Care and thanks again!

[Still in Limbo]

If I Understand Correctly, You are not Currently Working, are You Collecting w/c Wage Replacement Checks, or are You Relying on Short Term Disability for Monies? I'm not Familiar with Your States Laws, but from what I have been through with w/c, if You injury is going to get More Complicated as Time goes on, You May Very Well want to Speak to an Attorney that Handles w/c, Your PI may have the Basic Knowledge of w/c, but You don't ask a Plumber about building a Wall, Correct? It's Best to get Your Answers from the Attorney in the Field You have Issues in, Your Case May be Worth Much More than that, and them knowing You don't have a w/c Attorney they may be trying to get Out Cheaply! If You do have a w/c Attorney, and I Missed that, they should be Making the Offer through Your Attorney, not Directly to You. So Either Way it seems like something is Up, and I Hope You make the Right Choice. My Best to You!!

[sparkey]

Fairy,

I am your neighbor. I live on the border into NH. I had my injury in NH and work in Mass now and live there during the week. I go home to NH on weekends. Everyone is correct about making sure you have a lawyer that is in the WC field. They would know what is the best thing to do and Limbo is correct that they should not be making a settlement request to you without your lawyer being involved.

I think when you called about the mileage reimbursement that they probably feel you are deperate for money and that was a good time to get you to accept the money. WRONG!!! Never ever be needy or anxious to get money from them. When I had the adjuster I had before this one, he use to make me wait 30 days or sometimes longer because he wanted to see the paperwork that I went to the doctors before they paid my mileage. I now have a great adjuster whom I get along with very well and email him right after I go to the doctors, I email him my mileage and he sends it right out. It is in my mailbox when I come home on the weekend.

I believe it all depends on the adjuster you have. The first one was very lazy and seemed to have way to many cases he had to handle and was backlogged in sending me my payment. If I were you, talk with this lawyer about the offer and if she cannot help you, go to another and make sure it is a WC doctor. I believe you need to have a rating done before you speak of any settlement offer. Best of luck.

[fairycatz]

Hi Limbo!

Thanks for the reply! I went ahead today an d contacted a WC attorney that I had been in touch with before-was referred to him by my current attorney's partner's secretary back in early fall when I had a ? and my current was out of office! She had a total fit when she found out they sent me there, and I think this might be why-new guy is a WC specialist!! lol! Anyway, see him Wed!

Happy Valentine's to you!

[fairycatz]

Hey Sparkey!

I actually live in CT. Have nieces in Jefferson NH, way up there! If that is your home in picture, lucky you! It's so beautiful in NH.

I made appointment for next week with a WC lawyer, gonna fire the one I have. Had met with him, new one, before. My current lawyer blew up at the person in her firm who referred me to him, and at me-telling me I don't need anyone else I have her! Yeah right!! lol!

In regards to my evil IC Rep: she may have too many cases, as she always points that out, but that is not my problem! She is just nasty and needs to complete her work as the law states! Refers to us IW as "you people" my favorite is when she told me that "you people get really comfortable on WC". I told her I would like to see how comfortable she would be trying to pay bills and heat a house on the measly amount I get every week!! Comfortable! Have to admit I was very unchristian and wished all sorts of horrors on her so she would get to experience the comforts of wc!!

Thank you again for your reply! Happy Valentine's to you!

[sparkey]

Happy to hear you are getting a new lawyer. That one seemed like she was not who you want representing your case. Good luck.