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settlement offered toooo low need answers
09-12-2009, 09:34 PM
Post: #11
RE: settlement offered toooo low need answers
The attorney probably doesn't think her case is good enough to take to trial which is why he isn't pushing for trial.
Lots of people get a permanent impairment. That's what an impairment rating is. This means you are as good as you will get but not 100%. Your impairment percentage probably isn't that high. And then that percentage is also figured in with how much money you used to make. If you got a low impairment rating and you made minimum wage, the case isn't worth much.
Just because you have "a" permanent impairment doesn't mean you are completely and totally disabled. Get what I mean?
If your attorney really thought it was worth more, he would go for it. It doesn't sound like he is.
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09-13-2009, 07:31 AM
Post: #12
RE: settlement offered toooo low need answers
Just an example to give you. I had recurring carpal tunnel with 2 emg's that showed mild carpal tunnel and the IC gave me a 10% impairment rating with permanent impairment and restrictions for a new job in the future of lifting no more than 15 lbs and no repetition. I was offered $7,500.00 and had no lawyer. When I went to the hearing because my doctor gave me a 35% rating and it would of made the award much higher, the hearing officer came back with the IC doctor is found more credible at 10%.a

I accepted the $7,500.00 because I did not want to hire a lawyer at that point and continue any further. All I wanted was to get better and it kept my medical open also at that point. I was able to still get treatments paid for such as epidurals etc. I really do not think unless you have proof of testing ON PAPER such as my EMG which I think helped me alot to get the 10% I would of probably been given a 0% rating and walked out with nothing. This is of course my opinion without having a lawyer involved.

If I had a lawyer things might of been different but would of dragged on and cost me in the end. I personally do not think you would get much more than what they are offering now and if they keep the medical open that was worth more to me than the money. You do not get rich from WC for sure and if you do not accept what they are giving you now you may be fighting for a long time and dragging this out back n forth and only to not get much more than what was offered in the beginning. Just make sure your medical is still going to be paid for and if you need a new career that Voc. rehab is also in the works for the future.

carpal tunnel recurrence/ neuropathy / RSD.
1/29/07 injury date. Permanent. PIR settlement 8/4/08 10%
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