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What type of settlement amount should I be asking for? - Printable Version

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What type of settlement amount should I be asking for? - Amirahlove21 - 01-18-2018

I fell at work 1/23/2017. I injuried my knee and had a minimal Mencius tear. I started physical therapy in April 2017 and finished June 2017. I have had pain and swelling in my knee since the accident. I am a preschool teacher and I can not even get on and off the floor without pain and shaking . Taking steps hurts and even walking sometimes causes pain and swelling in my knee. MRI recently now shows I have basically Arthritis in my knee which I didn’t know and I haven’t had knee problems prior to this injury. I have done knee gel injections which provided relief for about three weeks and the pain came back twice as bad.

I received insurance checks every 2 weeks for $300 but when I first spoke with the claims lady she stated I would be getting 260 a week instead of 150 a week which I’m getting now. Sometimes my checks do not come and it takes weeks before I can even get in touch with the lady and I leave a message twice a day every day until I can finally get in touch with her it’s becoming a hassle I have children to take care of and I cannot risk losing my apartment because the checks just keep stopping and I’m so behind on bills. I’m a preschool teacher and have a knee injury can affect my career as I need to be able to get on and off the floor at daycare that I work at as I can be placed in other rooms if were shortstaffed which include infant and toddler I have to be able to get up and off the floor in a timely fashion. My doctor told me that I can return to work only issue is I have restrictions such as no bending or squatting and the doctor that they have sent me to also make those same findings preschool is my life as that’s what Im in school for so now I have to change career fields which is upsetting .

The claims lady told me that we can do a settlement and she can pay me the large lump sum and that this case would be done she told me to think about a number and we can discuss it further. But I have never done this and I do not have a lawyer I do not know what type of amount that I should be asking for.

Can anybody help with what type of amount I should be asking for ?
I need suggestions fast as once again I am missing checks for this whole month and I am at risk of losing my apartment I’m trying to do the settlement as fast as I can.


RE: What type of settlement amount should I be asking for? - 1171 - 01-18-2018

A buyout settlement is based on the benefits you could receive if your case remained open. You don,t have to do a buyout. Since you don,t know much about what benefits you are entitled to , just choose to keep it open.
You should Check out your states benefits. You can search other posts on the board for help with your state.


RE: What type of settlement amount should I be asking for? - Amirahlove21 - 01-18-2018

I’m in Troy NY.


RE: What type of settlement amount should I be asking for? - 1171 - 01-18-2018

You should not be trying to negotiate with someone who knows more about what your open claim could end up costing then you do. They will have a better idea of the buyout settlement value.
New York work comp information is here
http://www.wcb.ny.gov/content/main/Workers/Workers.jsp
Especially Read about permanent partial disability benefits and disability ratings....

You need the type that is sufficient for your needs and within the limits of the law.


RE: What type of settlement amount should I be asking for? - Redtux - 01-18-2018

Hello -

I am new to this forum. I am having my final L&I medical exam today. I broke my femur bone 6/27/18. They had to put a titanium medal rod in my leg. I am 65 years old, and really concerned about side effects from this injury as I get older. I live in the state of WA. What type of settlement amount should I be looking for? I was doing such research on line for the WAC and RCW rules on this but could not find any regarding broken bones.

Thank you
Kerri Kroll


RE: What type of settlement amount should I be asking for? - Cashiered Too - 01-18-2018

(01-18-2018, 12:02 PM)Amirahlove21 Wrote: I fell at work 1/23/2017. I injuried my knee and had a minimal Mencius tear.

I received insurance checks every 2 weeks for $300 but when I first spoke with the claims lady she stated I would be getting 260 a week instead of 150 a week which I’m getting now.

The claims lady told me that we can do a settlement and she can pay me the large lump sum and that this case would be done she told me to think about a number and we can discuss it further.

Can anybody help with what type of amount I should be asking for ?

Although my outcome was far from what I was seeking I feel it probably was the best possible outcome given the circumstances. Go to a website like Lawyer.com and indicate you are looking for a worker's comp attorney in Troy.

You will be asked to provide a brief case description and you will be (hopefully) contacted by an attorney willing to take your case. Here in NC they take 25% of the settlement, probably the same there too? They typically don't collect anything if they don't win.

Had I not had an attorney I would have had to sell or give away most of my possessions, move in with relatives and no income/cash on hand. Now, I hopefully have enough cash to get me to the start of my retirement later this year and perhaps SSDI in the meantime.


RE: What type of settlement amount should I be asking for? - 1171 - 01-18-2018

(01-18-2018, 01:31 PM)Redtux Wrote: Hello -

I am new to this forum.  I am having my final L&I medical exam today.  I broke my femur bone 6/27/18.  They had to put a titanium medal rod in my leg.  I am 65 years old, and really concerned about side effects from this injury as I get older.  I live in the state of WA.  What type of settlement amount should I be looking for?  I was doing such research on line for the WAC and RCW rules on this but could not find any regarding broken bones.  

Thank you
Kerri Kroll


Start your own thread. You confuse those dealing with the original posters issue.
http://www.workerscompensation.com/forums/general/newthread.php?fid=4


RE: What type of settlement amount should I be asking for? - 1171 - 01-18-2018

Although my outcome was far from what I was seeking I feel it probably was the best possible outcome given the circumstances.  Go to a website like Lawyer.com and indicate you are looking for a worker's comp attorney in Troy.  

You will be asked to provide a brief case description and you will be (hopefully) contacted by an attorney willing to take your case.  Here in NC they take 25% of the settlement, probably the same there too?  They typically don't collect anything if they don't win.  

Had I not had an attorney I would have had to sell or give away most of my possessions, move in with relatives and no income/cash on hand.  Now, I hopefully have enough cash to get me to the start of my retirement later this year and perhaps SSDI in the meantime.
.......


There are pros and cons to getting an atty. the link I posted has a listing for the injured advocate. You can get more information there:


Advocate for Injured Workers
(877) 632-4996
328 State Street, Schenectady, NY 12305-2318
By e-mail to: advinjwkr@wcb.ny.gov