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what happens to my dissability if i close my work comp? - Printable Version

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what happens to my dissability if i close my work comp? - stephany - 03-23-2014

Hi, long story short i hurt my wrist at work on 6/13/13 and have been off work since. Work comp decided to stop paying me benefits in november and since then ive been getting disability benefits through the state but work comp has been covering my medical. Just recently my MRI came back and the doctor determined that my ECU is Subluxed, which now he wants to refer me to an orthopedic surgeon to see about if i need surgery or if ill be stuck with my pain forever.

Of course after finally getting a hint about whats going on work comp is now offering me 8.5k to compromise and release (which a % will go to my attorney). If i ask them for a bigger settlement (which im not entirely sure how much is reasonable, so if you have any suggestions. . . . ?) and they agree what would happen to my disability benefits? I sincerely doubt my doctor would want to release me for work or would at least want to put permanent work restrictions on me. what happens then?

If i were to accept the offer i was thinking of getting my own insurance to cover the medical. . . but what about sustaining myself otherwise?


RE: what happens to my dissability if i close my work comp? - 1171 - 03-23-2014

work comp benefits are different in every state.
settlement value can't be determined unless value of future comp benefits is known.
http://www.workerscompensation.com/forums/general/showthread.php?tid=10146

disability benefits can be provided from a variety of sources - both public & private and each has it's own rules.
I assume that the reason you are getting disability payments from another source is because the disability was denied by workers comp. it shouldn't change when your comp claim is closed unless they include money for it in the settlement.

without specific information on either your questions cannot be answered.

your atty should be your first source of information and help with making settlement decisions.
if your atty is not helping, you can change at any time and in most states the fee is shared between attys.







RE: what happens to my dissability if i close my work comp? - dusty boy - 03-23-2014

Silly me. I'd rather be out of pain, then settle.
You need to talk to your attorney. If you need more surgery, and settle, your insurance is not going to pay for it. Unless there is a medical set aside, the surgery will come out of your pocket