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I received a settlement offer today from the wc attorney.
This letter reads:
Regarding minor work injury.
An attempt is being made regarding a settlement.
The settlement would include a statement regarding the disputed nature of the total knee replacement as well as the upper right extremity claims.
The letter reads; I have a rating of 37 % to the left lower extremity worth $9,000.00.
A rating of 10% to the right lower extremity worth $3,000.00.
With a 46% whole body.
The letter read the attorney has been given authority to offer $25,000.00 to close out all issues. The insurance company wants to settle and avoid going to court Dec 17th.
The knee replacement surgery was 6/08 and by judges order.
On 1/09 information was presented at a hearing on adding to the claim, the upper right extremity &lumbar spine. (I wait to receive medical treatment for both)
No decision has been made yet and we return to court 12/17 to present additional medical evidence & for the judge to make a decision.
Bummer don't settle until you are fixed. What is yourLawyer saying? As for the settlement it is never what it is worth and doesn't make up for the loss of wages that you would have made if you could have been able to return to work. But with all your injuries it seems low.
Have Your Attorney Write a Letter to Your Adjuster, or to Whomever gave You this Offer and Tell them to Button up Their Shirt before Their Heart Falls Out!!! That's a Normal Low Ball Figure, and it must be Time in Your Case where They are Required to Offer some Type of Settlement! Your Health is Number One, and Money is Second, so let Them know You will be Attending the Scheduled Hearing!! I had a Mandatory Mediation a while Back, and I was Offered Low 6 Figures, and the Judge that was Mediating Stopped the Mediation, They didn't want to Waste their Time because the Ins Co. was not even being Realistic!! My Opinion Only, but I Think a Total Knee Replacement, Carpal Tunnel, and Lower Back Pain Injury is Worth Well More than $25,000.00, especially when You Still need Medical Care!! My Best, and Please let Us know how the Hearing Goes!!
I didn't realize that at certian times in a case an adjuster is required to make a settlement offer.
This letter says that to date the medical on the knees has cost the insurance company $59,000. and that the insurance company does not want to occour any more expenses in my case so that have been told to make an offer.
In addition the letter says they still dispute the need for a knee replacement and back injury as well as the upper extermity. Course the replacement was by judge's order.
What rating (%) is considered total disability? I ask because the whole body rating I have is 46% and that is on the knees only!
Total body and they offer you only $25,000. Under law unless I'm mistaken since you have a total body shouldn't they have to offer you schooling or something?
My husband ended up with a 8% rating and a $10,000. check on one ankle (mind you that's now an ankle with a plate and 5 screws).
Fight them tooth and nail. Hang on for whatever you can. Total body for that amount is laughable. Plus there's nothing under the law that says that you have to settle. A former co-worker of mine has never settled any of her 4 different work comp injuries. It drives her employer nuts but they can't make her settle.
SSDI limits how much you can earn. I would think that it plays somewhat into this but not by much. SSDI can cut back on your check for awhile but I'm not too sure about the law.
My son receives SSDI, the forms we fill out annually don't talk about any funds he might of gotten from settlements. It also next year won't be asking him about how much he gets back from his taxes since he worked the first 3 1/2 months of the year.
I'd be asking your lawyer if there is a cap on how much you can receive via a settlement. After all it's listed as compensation, not income, it's not taxable.
Any Settlement Under $25,000.00 doesn't Require a Medicare Set-Aside. Bummer, My Opinion Only, but what does Your attorney Think Your Case is Worth?? The Uticka-Mohawk Type Language, depending on Your Age can Help to Assist in Your SSDI Monetary Benefits not being Effected Greatly. I would Really, if it were Me, Ask My Attorney what He Thinks Your Case is Worth, because if He's Thinking too Low, or Your Thinking too High, There could be a Great Let Down for You in the Future if the Two of You are too Far Apart on Figures. I know being Fixed is Your Number One Goal, but if the Ins. Co. has Accepted a 46% Whole Body Rating, that should be Worth a Whole lot More than $25k, because Totally Disabled is 51%, and even as Bad as I'm Hurt, it would be almost Impossible to get Me at 51%, I Believe the Highest for a Failed Lower Back, is around 25-30%!! You and Your Attorney need a Serious Talk!!