Hello There, Guest! Login Register
Index    |     Search    |     Members    |     Help

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Should I settle...they are pushing since last summer!
#1
I was injured in a car accident 1-8-10 while working out of my own vehicle. The person at fault was ticketed and her ins settled with me for limit. I have been on wc for close to two years and my wage checks stop in a few months. I had a fusion on my c5-c6-c7 one of my dr's says it has not healed and the other that did the surgery wants to now do a level 3 surgery one me, also I have just finally found out that my ortho wants to do shoulder sugery on me also on injury also sustained from the accident. I am in FL and I am not sure of the laws but I think I must settle everything including medical...this is very scary. I have read many of the posts on here and researched my situation. It sounds pretty grim with the possibility of many more surgeries to come. I already have some permanent nerve damage along with all of this and starting to get pains in my mid and low back with both shoulders and arms and hands, headaches and a constant nagging pain down the left side of my neck. I have had NB shots and sterroids in my neck and shoulder this gives me temporary relief until they wear off then I would like to chew my arm off it hurts so bad and the neck ugh! I don't sleep well because of all the pain and this whole situation has made me quite depressed, I am now on prozac. My stomach is messed up and liver enzymes are 67 from all the pain meds. I had a good job I loved making 50k a year that I thought I would retire on. It involved driving 14hrs a day nonstop and strenuous physical capabilities. I can no longer do this as it hurts to do much of anything. I have a 9th grade education and don't see myself getting any comparable job with my injuries if I was told I could go back to work. I have been off work for almost two years. My lawyer says my case is worth hundreds of thousands of $ and wants me to think about settling now while I need two more surgeries because this will get me the most money. I am really not concerned about the money as I am concerned about my quality of life. I have been told by many people my health ins will never touch this even tho it is group from my husband witch includes pre-existing. I don't know what to do...any advice would be helpful at this point from all of you...thanks!
 
Reply
#2
lawyers say anything make him put it in writting that he will cover it if your husbands IC wont......Kate will be your best bet on answering this
........I love cats, I just cant eat a whole one by myself......







 
Reply
#3
(03-27-2012, 08:27 PM)jayne Wrote: lawyers say anything make him put it in writting that he will cover it if your husbands IC wont......Kate will be your best bet on answering this

Thanks Jayne!
 
Reply
#4
Most important at settlement is open medical, money is second!

Kate will be on and post the laws of your state.
 
Reply
#5
open med is available in fla, im here too. do not settle without it! in your case you definately need it. your lawyer works for you and sometimes they need to be reminded of that. after this your atty will get his or her money and live thier life, this is what youll be dealing with forever! im sorry to laugh but frankenneck is friggin hilarious. good luck
 
Reply
#6
NEVER settle before you have all your surgeries done. Why would you settle when you still need more surgery?

Also, A big settlement would probably include a MSA not life time medical. My MSA was bigger than my indemnity. I did not settle with open medical because I wanted the IC out of my Hair. Also, The IC refused to settle with open medical. Most want the IW totally out of there "Hair" with a C&R settlement. This way, the IC is totally loose from you.

I would never settle until all my surgeries were complete. Do not be fooled by your Attorney saying you would have a several hundred thousand dollar settlement. I have never seen anyone get rich with a WC settlement.

Also, I would check with your Husbands Insurance to see if they cover a WC injury. This has nothing to do with a pre existing injury. Most group plans have clauses that say WC must be totally responsible for your work related injury meaning they will not cover any part of your medical as a result of your injury while working.

Be smart and do not be fooled. My WC settlement was in the mid six digits including the MSA.Your Attorney gets his share..

Good Luck
 
Reply
#7
(03-28-2012, 08:06 AM)jayc123 Wrote: open med is available in fla, im here too. do not settle without it! in your case you definately need it. your lawyer works for you and sometimes they need to be reminded of that. after this your atty will get his or her money and live thier life, this is what youll be dealing with forever! im sorry to laugh but frankenneck is friggin hilarious. good luck

LOL! Thanks for the info because everyone keeps saying don't settle on the medical but I was under the impression I had to in FL

(03-28-2012, 12:35 PM)lucky Wrote: NEVER settle before you have all your surgeries done. Why would you settle when you still need more surgery?

Also, A big settlement would probably include a MSA not life time medical. My MSA was bigger than my indemnity. I did not settle with open medical because I wanted the IC out of my Hair. Also, The IC refused to settle with open medical. Most want the IW totally out of there "Hair" with a C&R settlement. This way, the IC is totally loose from you.

I would never settle until all my surgeries were complete. Do not be fooled by your Attorney saying you would have a several hundred thousand dollar settlement. I have never seen anyone get rich with a WC settlement.

Also, I would check with your Husbands Insurance to see if they cover a WC injury. This has nothing to do with a pre existing injury. Most group plans have clauses that say WC must be totally responsible for your work related injury meaning they will not cover any part of your medical as a result of your injury while working.

Be smart and do not be fooled. My WC settlement was in the mid six digits including the MSA.Your Attorney gets his share..

Good Luck

I am not sure what your abbreviations are...I am new to all this lingo. But I would be very thankful if you could let me know what they mean so I understand what you're talking about. I need all the help I can get. I would love to have WC out of my life but I am not sure it is a good idea to settle right now. My lawyer says if I have the surgeries and stay on WC they will start saying some was pre-existing and not covering 100 percent of medical costs because they want to be done with me. Very confusing.....
 
Reply
#8
to be open and honest with you your lawyer is going to push you to settle your medical as will your IC because that is where the money is...not in your disabilty % but if your husband can support you both and money isnt a constant worry try not to settle medical,even if they wave hundreds of thousands of dollars in your face...cuz down the road when you need your body worked on no one will touch it and you have spent that money you will live in agony,or die in agony.If you dont settle your medical they will have to fix you as best you can be fixed.....on the other hand some states have a time limit when they are off the hook or are such a bitc- to deal with its easier to settle put the money in the bank and go from there....are you good with money? can you put it in the bank and not touch it? all these questions need to be answered....are you now or will you be trying to get SSDI? if so you need to get a medicare setaside....your lawyer wont like that..its alot of paperwork but it protects you and your medical....please go apply for SSDI tomorrow....it will protect you..you can do it online or at your local SS office and 2 years after you are approved medicare will take care of your injury along with your setaside....
........I love cats, I just cant eat a whole one by myself......







 
Reply
#9
(03-28-2012, 10:51 PM)jayne Wrote: to be open and honest with you your lawyer is going to push you to settle your medical as will your IC because that is where the money is...not in your disabilty % but if your husband can support you both and money isnt a constant worry try not to settle medical,even if they wave hundreds of thousands of dollars in your face...cuz down the road when you need your body worked on no one will touch it and you have spent that money you will live in agony,or die in agony.If you dont settle your medical they will have to fix you as best you can be fixed.....on the other hand some states have a time limit when they are off the hook or are such a bitc- to deal with its easier to settle put the money in the bank and go from there....are you good with money? can you put it in the bank and not touch it? all these questions need to be answered....are you now or will you be trying to get SSDI? if so you need to get a medicare setaside....your lawyer wont like that..its alot of paperwork but it protects you and your medical....please go apply for SSDI tomorrow....it will protect you..you can do it online or at your local SS office and 2 years after you are approved medicare will take care of your injury along with your setaside....

I was told that if I apply for SSDI now it will cause me to have a lower settlement. The SSDI lawyer told me not to apply until I was close to a settlement or already settled. There has been no mention of open medical from my lawyers mouth so I don't know if that is an option but someone else on here from FL said it is. He is a WC attny and only gets 8 percent so I don't think this is in his best interest to get me to take a low settlement. This has stressed me out and depressed me so much I am ready to have the WC out of my life. It would be great if I could settle with open medical at this point. Today I found out that the injury to my shoulder that has been neglected for two years has severe arthritis from the accident. I am sure the same is to follow with my neck....I was 45 when this happened and had never been in the hospital, had a broken bone or even been sick. Now I have no idea what my future holds....I guess all I can do is take the advice of all you good people and pray about it. Thank You all for taking the time to help me along the WC battlefield. I truly appreciate it!
 
Reply
#10
(03-29-2012, 12:16 AM)FrankenNeck Wrote:
(03-28-2012, 10:51 PM)jayne Wrote: to be open and honest with you your lawyer is going to push you to settle your medical as will your IC because that is where the money is...not in your disabilty % but if your husband can support you both and money isnt a constant worry try not to settle medical,even if they wave hundreds of thousands of dollars in your face...cuz down the road when you need your body worked on no one will touch it and you have spent that money you will live in agony,or die in agony.If you dont settle your medical they will have to fix you as best you can be fixed.....on the other hand some states have a time limit when they are off the hook or are such a bitc- to deal with its easier to settle put the money in the bank and go from there....are you good with money? can you put it in the bank and not touch it? all these questions need to be answered....are you now or will you be trying to get SSDI? if so you need to get a medicare setaside....your lawyer wont like that..its alot of paperwork but it protects you and your medical....please go apply for SSDI tomorrow....it will protect you..you can do it online or at your local SS office and 2 years after you are approved medicare will take care of your injury along with your setaside....

I was told that if I apply for SSDI now it will cause me to have a lower settlement. The SSDI lawyer told me not to apply until I was close to a settlement or already settled. There has been no mention of open medical from my lawyers mouth so I don't know if that is an option but someone else on here from FL said it is. He is a WC attny and only gets 8 percent so I don't think this is in his best interest to get me to take a low settlement. This has stressed me out and depressed me so much I am ready to have the WC out of my life. It would be great if I could settle with open medical at this point. Today I found out that the injury to my shoulder that has been neglected for two years has severe arthritis from the accident. I am sure the same is to follow with my neck....I was 45 when this happened and had never been in the hospital, had a broken bone or even been sick. Now I have no idea what my future holds....I guess all I can do is take the advice of all you good people and pray about it. Thank You all for taking the time to help me along the WC battlefield. I truly appreciate it!

here in fla you can add up your future medical needs ,all of them, and add that to your settlement, florida is one of the most crooked states in usa so there are actually ways around everything, like reopening an old settled claim, im not an atty far from it, i came from rhode island which is very corrupt(our governor and a few mayors are doing time,my father put them all there) and this place, he says, is alot worse. so you really need to learn everything about this process and beat them at thier own game,trust me its not that hard when your dealing with people that think they know everything. just take your own interests at heart and LEARN beginning to end and you should be fine. you can get most knowledge about this process right here from the people theyve already tried to work over.any questions you have these guys have gone through it. good luck. oh yeah your lawyer isnt to honest either
 
Reply
  


Possibly Related Threads...
Thread Author Replies Views Last Post
  attorney pushing to settle/threatened to dismiss me (CA) ANS_CA 18 1,357 08-09-2019, 09:37 PM
Last Post: California_Help
  skeptical about my settlement ' the insurance company pushing for a settlement.. alvinf478 3 2,933 09-04-2015, 12:34 PM
Last Post: 1171
  Attorneys seem to be pushing Settlement. Jahlil0712 11 10,118 01-26-2014, 02:13 AM
Last Post: bronco54501
  Settlement? 4% Permanent Disability due to WC pushing out surgery (Florida) WCMessedMeUp 5 30,906 07-30-2013, 03:06 PM
Last Post: WCMessedMeUp
  Summer Pay for Injured Teacher? Footster 5 11,407 07-08-2011, 06:27 PM
Last Post: cjs
Question workers comp-continued to work-able to collect during summer? golfalots 11 10,728 07-04-2010, 02:29 PM
Last Post: hspsensitive
  wc and summer job mhl 8 8,148 06-28-2010, 02:20 AM
Last Post: Cervical_Fusion
  Injured at summer job in Kansas bodybuilder1958 1 2,528 06-02-2010, 02:14 AM
Last Post: 1171
  Employer is pushing me around!! ariesbratt76 14 7,155 04-24-2008, 06:03 AM
Last Post: Pooh

Forum Jump:


Browsing: 1 Guest(s)