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settlement amount ideas
03-19-2009, 07:09 PM
Post: #1
settlement amount ideas
florida comp. i had surgery 12-22 08 doctor gave me permanent light duty i had 4-5 lumbar fusion with instrumentation.adjuster has had me waiting for $ and doctor pain mgmnt wants me to get psych. eval ive lost my rental home due to my last check being over 2 weeks im moving 6 hrs. away but still in fl. my employer fired me after i retained an attorney 2 weeks put on perm. light duty they said they have no job my doc said no mmi till dec.comps attorney just contacted my attorney they want to talk and make a payoff deal with us. any ideas out there on how much in fl. should i be looking to get? i cant paint highrise buildings no more and everyday back pain i got this hardware in my spine...any help????
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03-20-2009, 12:25 AM
Post: #2
RE: settlement amount ideas
I'm not Familiar with the Workings of Florida Comp. Laws, but I'm Bumping this Up so Others can See it! I Hope Someone is along Soon to HelpWink

Failed Back Surgery, Chronic Pain, Totally Disabled.

Knowledge is Power, Especially in the World of w/c. Learn as Much as You can about Your States w/c Laws, and don't Fight Battles alone, They Use Attorney's, and so Should You!!
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03-20-2009, 12:47 AM
Post: #3
RE: settlement amount ideas
Hello and welcome to the board. I am so sorry for all that you have been going through...I know what it is like. Although I must say that you have had it worse than myself, since I have not actually had to move out yet. I think your question probably should be re-worded to get the most responses, only because there are so many aspects that go into comming up with the amount.

With that said, and mentioning that it is a state by state thing, here are a few things that I have learned about here in VA:
1. Keep your Medical portion open, if it's possible. 2. If your Dr. put you at light duty, with restrictions, the i/c will expect you to work and in figuring your settlement, they will try helping you to find a job with your restrictions and vocation help, then the difference between that pay and the pay you were making at your old job, you will be owed for a total of 10 years (minus the time that a person has already been off for). So, for the settlement amount, it would be the diffence between the old and new pay, multiplied by the remaining months in the 10 years. (Now, that is in VA). 3. The I/C will never pay for present or future pain or suffering. 4. Some states offer a permanent impairment award, and they do that in VA. I do not know about Florida. That is when a limb, neck, eye, ear, etc. is impaired or you are disfigured do to scars etc., then you get a 1 time award check for that impairment.

Thats what I can tell you from VA. It does sound like they have you where they want you, which is at a place where they will throw out a low ball figure, hoping that you will jump on the offer. How well do you trust your lawyer? I would tell your lawyer ahead of time, that obviously you are in a hard time right now, but with that said, you have no intention on taking their first offer and you are not going to be taken for a ride. Stand your ground from the very beginning.

Good luck and keep us posted. Others from Florida will be around shortly.
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03-20-2009, 08:31 AM (This post was last modified: 03-23-2009 06:15 AM by Roadrunner.)
Post: #4
RE: settlement amount ideas
Sorry to hear of your injury and yours is much like my wife's injury and we are in Florida also. First and unfortunatly most be ready for the long haul. We were lucky enough we could weather this out (almost six years) with my salary because she had been on WC so long she quit getting checks almost a year ago. She had three back surguries and a spinal stimulator implanted (which helped a great deal and got her off alot of meds) and had to be retrained for a lower paying health care position but she is happy to be doing something anything again. That being said we went for mediation with WC not to long ago. After all this time we settled for lets say Benjamin Franklin a hundred thousand times plus which is not anywhere near what she lost in wages or what she could have earned so GOOD LUCK.
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