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Settlements what to look for/expect - my brain fried
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Brand new to this forum - in GEORGIA- inj shoulder 2007 torn tendon - spring 2008 taken off work and had surgery to detach internal tendon r shoulder - fall 2008 shoulder had encapsulated and had to be broken loose, several times dr said lt duty return - employer could not accommodate so still out of work- all pt & dr stopped spring 2009 - shoulder hurts all the time - interferes w/sleep, cannot lift over 6 lbs w/r arm and cannot do anything functional overhead, arm tires very quickly even at waist height becomes painful if use too much also seems to trigger neck spasms and back by shoulder pain if use too much or sleep wrong. various amounts of numbness in r hand but after 2 emg's no reason for, had 2 cerv neck fusion previously while working same employer- not job related - but this could be aggravating - now have new disc bulge but no one saying result of compensation for shoulder not working properly - spoke to attorney - w/o dr agreeing or stating due to shoulder no avenue of relief. Still have not had an FCE - pt and dr kept mentioninf since summer/fall 2008 - but none - extremely depressed - they sent for psych eval but apparently eval very negative to me - have not seen - probably totally crazy now - what with not sleeping, pain and frustration - just know I cry ALOT!! Employers wants to settle - know I will not be able to make what was - can't collect soc sec for at least 6-7 yrs - granted a 15% ppd of upper extremity but the ortho surg that gave that also said perm restrictions from heavy lifting or repetitive overhead liftings and then he said I saw a psych and felt was fine and improving and didn't think I needed folowup psych wise - That I never said Do not even know what I should consider for settlement - atty seems to feel I should take settlement or they might find a way to bring me back and fire me - but don't want to be left hanging - only use lidoderm patches - can't take most pain meds and they at least take the edge off so I can sleep some. What should I expect in a settlement - will have lost job I intended to keep until retirement, which included ins and rx(am an acute chronic asthmatic and meds are couple of hundred a month), dental, 15-20% discount off items bought(retail store), mid 30-40's k for at least 6-7 more years of employment. Now looking at finding a job w/restrictions when unemployment at highest, cost of patches approx 300/mo, future possible problems w/shoulder etc? I was already receiving weekly amt when engaged atty so his cut is not going to represent alot of $ - think I trust him but he is an atty(and yes I used to work for attys in past and know they cant always be fully trusted) should the differential I would (I think) receive for a lower paying job for those 6-7 years be factored into the settlement - dont want to be greedy but dont want to give away the farm either- not sure I trust my instincts anymore so looking for advice for reasonable expectations you may know something that I should consider or at the least maybe I wont get so blindsided by the negativity talking to employer and attorney that I cant function or comprehend. Thanks sorry for rambling and being so wordy for injuries trivial to so many but life-altering for me
Nobody said life was fair and when it hands you lemons make margaritas
 
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Settlements what to look for/expect - my brain fried - harrya50 - 05-27-2009, 12:53 PM

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