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Alabama WC first settlement offer: suggestions please - Printable Version

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Alabama WC first settlement offer: suggestions please - atvrep1 - 06-26-2014

My future bride fell and broke her leg at work in Jan. She was recently given a MMI release by the ortho with a 5% permanent disability. We thought the case was pretty much closed then her WC case worker called her yesterday and offered her $2500 for permanent "vocational loss" of her leg. She has returned to full duty at work with no limitations but the leg still bothers her with a lot of pain and swelling in she's on it for an extended period of time. Their "offer" was to include open medical but a release of all other claims.

We were big exercisers and walkers before the injury and now we can't do that without her being in a lot of pain and the leg swelling. With the ortho deeming this as a "permanent" thing we were assuming this was just something she was going to live with and also was going to assume this would only get worse as she got older due to arthritis, etc. She is 41.

Should we get an atty involved? Should I play hardball and tell them to call back when they are serious about settling? I'm no atty but have negotiated multimillion $ contracts before so I'm not an idiot either. Suggestions would be appreciated.


RE: Alabama WC first settlement offer: suggestions please - 1171 - 06-26-2014

she would have to have a higher rating to warrant more disability $$.
she can review the medical report and consider getting a second opinion/rating if she disagrees with the doctors findings.
she can ask the adjuster to explain the calculation of the $2500.
the amount has to be approved by the comp court to make sure there is no error in the calculation.
the calculation is fixed by state comp laws:
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/25-5-57.htm