settlement

[nursedina]

Hi all. I have been lurking here for a long time and was just wondering if someone can give me some opinions. I understand that there are many things that go into a settlement, and that no one can give me an exact number, but I was just looking for opinions.

I am a 40 year old RN who blew out L-4/L-5 while working on Sept 30th 2008. I have back fusion on DEc 19th. The fusion did not take and my screws were falling out and I had another more serious surgery on July 9th. I had a 360 two level fusion this time from L-4 to S-1. I am also left with a permanent drop foot on my left foot that the doc says is not going to get better and I have to wear a brace for the rest of my life. I am currently on Social Security disability and workman's comp. So far everything has been smooth with WC. My case worker is nice and has never refused to pay for anything, and my checks come right on time.

I am sure now that I am on social security and my foot is permanently damaged, WC will be starting to look at some kind of settlement.

I live in Pennsylvania and plan on keeping medical open.

I was told I can not got back to nursing.

Does anyone have an idea of what would be ballpark figure that I would be looking at for a settlement? I have no idea what to even think about. I do have an attorney set aside but I have not needed him yet cause WC has been very fair to me.

Has anyone out there gotten a settlement for a back injury with nerve damage and received a settlement. Is 6 figures an unreasonable expectation?

thanks for any info you can give me.

thanks a bunch

--Dina

[1171]

wild ass guess: 3 yrs of temporary total disability payments.

[Lilly]

1171 is correct. BUT..........
figure up what you are going to loose money-wise during your life time (until retirement)...and use that as a starting point for a settlement "counteroffer". (Add to that amount too)
They will low ball you....but you must fight harder, and demand more, but end up settleing for less than your counteroffer.
You will get nothing for Pain & suffering...OR waiting.

Lilly

[Still in Limbo]

I'm in Pa., 42 when Injured, Totally Disabled, and just this Past June, I turned down a Low 6 Figure Settlement, You can Read My Injuries below. My difference in My Case vs. Yours is I have been to 15 Hearings so far, and the Appeals Process, and Fighting tooth and Nail for just Shy of 5 Years! Depending on the Injury, Your TTD Rate, and whether You have been Placed or they are able to get You on the 500 Week Clock, hold a lot of Bearing on the Settlement Figure. Luckily in Pa. We can Negotiate Our Settlement Figure, I turned down 5 Years of TTD, because the TTD Rate they have Me on is Off By almost $300.00 per Week, and that Adds Up to a lot of Money!! Had they been Paying Me the Correct Rate, I Probably would have Settled! I Won in Appeal at the w/c Level, but We are going to the Commonwealth to get the TTD Rate Corrected, and We stand a Great Chance of Winning, and Expanding a Law that will Help many other Injured Workers!! So My Battle Rages on, and if they do Talk Settlement, Make Sure Your Attorney is Involved, because You May have to Re-Pay SSDI some Monies if they are Supplementing Your TTD Payments. Just Make Sure and be Careful, and if You have Trust in Your Attorney, Your Half Way Home!! My Best to You!!

[nursedina]

Thanks for the replies. I have a feeling that settlement stuff will be coming up soon. As soon as I told my WC adjuster that I applied for social security and the docs have told me I can not go back to work at all, she got very very quiet. And when I told her that they said my left leg was not going to get any better, she got even more quiet. I could almost hear the wheels in her head turning,.,,lol..

I am going to try to meet up with my lawyer and give him the heads up so he can start getting documentation etc together. I really trust my lawyer - he knows the laws well and has been doing this a long time. He also seems like someone who does not take any BS from anyone

If anyone else has any input I would be grateful to hear it.

Still in Limbo - what do you mean by the 500 WEEK CLOCK? and what do you mean by in PA we can negotiate our settlement?

I would like to end up with six figures after the lawyer is paid. That is the only way I can survive is to have enough to pay off my back bills etc...

thanks again

This site rocks

[Manley2]

You say you trust your lawyer so your best bet would be to speak with him and see what he thinks. It's hard for other to completely know what is going on with your case as well as how your WC is going to play out. That should give you your best answer but it never hurts to get opinions for others. I wish you the best of luck just remember you may have to fight for what is fair

[nursedina]

I'm also confused and maybe someone can help me with this - sinc eI have lost partial use of my foot and need a brace is that a separate settlement for LOSS OF USE or is that just lumped in with regular settlement?

Thanks everyone!!

[1171]

all body parts from the same injury are settled at once.

[MJC]

nurse,
Make sure you listen to Still In Limbo about the WC/SS offset. SS can come back on you and demand that you repay a possible overpayment they may have paid you. It happened to me and they were demanding $44g.......lol. Now where in the hell they expect me to _hit that kind of money from. I have been fighting with that mess for 2 years now. If you add up everything SS paid me it does not even add up to $44g. They have some real losers that work for the government and can't handle figures at all. I promise they will try to make you pay for their mistake and you will have a fight on your hands. If they win, then they will keep money from your monthly SS check to repay what is owed until it is paid. They get you going and coming. As it was, I also had to pay back my long term disability ins. when WC finally decided they had to pay be to the tune of around $25g and then SS wants another $44g. How do they figure we have this much money, I will never know. Just be careful what you do......please. Wishing you well, take care and God Bless.

Welcome to the forum....

Cajun Hugssssssssssssss,
MJC