Looking for educated opinion on taking a settlement offer

[fairycatz]

Hello! I broke my ankle 2/08 badly with complications due to a DVT. I work in Mass. I was released to return to work with very minor restrictions, but due to the economy, there is no work available. I worked for a temp agency at time of injury so am inelligible for UE. WC is still paying me my full wage, though going to min. soon. (3rd party lawsuit, IC expects to get $ back, which is why I think they still send me $!)

IC offered me a settlement of 6 months of wages and $3k for perm injury. I can walk, just have slight limp, swelling problems, and will need fixation sometime in distant future. At that time will be out min of 4 months, but by then who knows if IC will deny as well as any future Insurance I have can call it preexisting. Doc said that seems like reasonable amount if you take away lawyers fees for larger sum, as I might never see anything if I don't take now. I know I wouldn't get much more with attorney, and they'd get 20%. (And if I win lawsuit, it all gets paid back anyway, and lawyer gets a third of lawsuit. does that mean they'd get 53% of this money when all is said and done? omg !!)

My main ?'s is does $3k sound reasonable for impairment for this type of injury? Have not had an MMI, but was recently evaled by PT and their findings say that I am okay, bones healed thats all anyone seems to care about, not soft tissues that are damaged! I really could use the $, like everyone else, but want to make the best decision. Would I be better going with an attorney? I know you don't get rich on WC, and for such small $ it doesn't seem worth the 20%.

Sorry for length, wanted to give as many facts as nec. Need to make decision very soon, before offer is off table.

This site is a godsend. Good people rock!

[Bad Boy Bad Boy]

Attorney fee's are only 20% for the work comp claim, and then 33% for the third party claim. The fees are not combined.


http://www.mass.gov/Elwd/docs/dia/public...nglish.pdf

[sparkey]

I do not know what you make per month to answer if the 3,000 and 6 months of wages is a good deal or not. You say that your ankle was broke badly and that now they say it is okay. Do they expect that you will have problems later such as needing surgery down the road etc?

I did not hire a lawyer for my recurring carpal tunnel and got a 10% award of 7,500.00 but also have all my doctor appointments paid for and procedures as now I have been diagnosed with RSD. I personally think you would not get much more than maybe a 5% impairment rating and that would come out probably less than 7,000.00 and think if they offered you the money and continued to cover your medical I might think that would be an okay thing to accept. Considering if something is to happen to you down the road where you need PT or treatment/surgery again for the same problem.

I did not hire a lawyer also for that reason that 20% the lawyer would get. I feel I really would not of got much more than what I did and feel I did okay on my award. My main concern was having my medical and treatments paid for still as now I have been diagnosed with RSD and I am only getting worse and it is now taking toll on my other arm/hand.

You need to think ahead of what happens if your leg was to get worse and if you needed surgery again. I would not let them exhaust all medical coverage just for the money. I would make sure that the medical was the main thing covered. That is just my opinion and I am sure others will have theirs. You are the one that really knows what you should do and what would be best for you. You will definitly not get rich or much more than what they are offering you now. Hiring a lawyer at this point will also drag things out and could make you end up still getting around 5% impairment award if that.

[fairycatz]

Thanks, Bad Boy, for the reply. I was just curious that if they got the 20% now from WC IC, would they also be able to get, in 2+ years down the road, the 33% from the lawsuit on that same money that would be paid back to WC IC from that settlement? I suppose it all depends on how vigilant I am, and how shady they are! lol!

Thank you again for the link and info!!

http://www.mass.gov/Elwd/docs/dia/public...nglish.pdf
[/quote]

[fairycatz]

Thank you Sparky for the info and reply!

In Mass, medical always remains open, which had been my first and foremost concern. Yes, I will need all sorts of medical stuff down the road. Along with arthritis, I have nerve issues (live in fear of it becoming RSD! You poor thing, I know how awful that is!!) and will eventually need to have ankle fused. So having medical was major.

I had not worked for 2 years, had gone back to school and was working as a temp for a couple agencies when I was injured. The job/position I was working when I fell was to be perm in 3 months, but had only been there 3 weeks. (Of course I am suing them now, so they won't admit it was to be perm as offer was verbal!) Anyway, due to all that, my weekly wage is very low, so money has become a huge issue! I had been living off an inheritence while I figured out what I wanted to do with my life! That money and all my savings is gone, so the possibility of a settlement is a positive thing, and will hold me over for a while. Finding a job is crazy in this economy, add new career field (can't go back to my old line of work it was on feet all day) with limited experience, no degree yet, and my personal fav is working around the fact I have been out on Comp as employers love to hear that, and I am pretty close to unhireable!

I know my impairment rating would be low, as even though I have all sorts of issues, I can do stuff!! I just need to ice my ankle every night while it is elevated over my head! And that amount is set by the state. The wage indemnity that they are offering, is on the table now, and who knows if I turn it down, will it ever be offered again. Also, once I find a job, it's gone, and if I need time off down the road, say 6 months-a year from now, there is no guarantee that IC would pay for lost wages without a fight. My Doc said, in my case, taking it now is probably a good idea.

I'm pretty sure that is what I am going to do. Just wanted to hear what people who have had this tons of fun experience thought!! It was great to hear from you, as you did it on your own, and for similiar reasons. Why give 20% when they don't/can't get you much more than you can get on own!!

Thanks again Sparky!!

[Bad Boy Bad Boy]

Well, it's not being shady that will be the problem. It will be how much you will have to pay back in the end of it all. Therefore meaning, is there going to be any left for you after it's all said and done. Being said, to ensure your best interest in both cases, would be to have two attorneys working together for both cases. A Law Firm would then be best to have working your cases. This way, everything is handle all from one house so to speak.

Some States and some Courts, your allowed to file that the insurance pays attorney's fees. So, if you don't know how the State Laws and Rules work for you, then you have little choice in the matter, other than hiring on a Law Firm...

[charliebrown]

fairycatz Wrote:Thank you Sparky for the info and reply!

In Mass, medical always remains open, which had been my first and foremost concern. Yes, I will need all sorts of medical stuff down the road. Along with arthritis, I have nerve issues (live in fear of it becoming RSD! You poor thing, I know how awful that is!!) and will eventually need to have ankle fused. So having medical was major.

I had not worked for 2 years, had gone back to school and was working as a temp for a couple agencies when I was injured. The job/position I was working when I fell was to be perm in 3 months, but had only been there 3 weeks. (Of course I am suing them now, so they won't admit it was to be perm as offer was verbal!) Anyway, due to all that, my weekly wage is very low, so money has become a huge issue! I had been living off an inheritence while I figured out what I wanted to do with my life! That money and all my savings is gone, so the possibility of a settlement is a positive thing, and will hold me over for a while. Finding a job is crazy in this economy, add new career field (can't go back to my old line of work it was on feet all day) with limited experience, no degree yet, and my personal fav is working around the fact I have been out on Comp as employers love to hear that, and I am pretty close to unhireable!

I know my impairment rating would be low, as even though I have all sorts of issues, I can do stuff!! I just need to ice my ankle every night while it is elevated over my head! And that amount is set by the state. The wage indemnity that they are offering, is on the table now, and who knows if I turn it down, will it ever be offered again. Also, once I find a job, it's gone, and if I need time off down the road, say 6 months-a year from now, there is no guarantee that IC would pay for lost wages without a fight. My Doc said, in my case, taking it now is probably a good idea.

I'm pretty sure that is what I am going to do. Just wanted to hear what people who have had this tons of fun experience thought!! It was great to hear from you, as you did it on your own, and for similiar reasons. Why give 20% when they don't/can't get you much more than you can get on own!!

Thanks again Sparky!!

hey sparky, what was your settlement offer if u dont mind me asking. i am in a situation where i have to decide if workers comp is worth losing my job, im leaning towards no with it being hard to find a job right now and i like my job.