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Should I settle...they are pushing since last summer!
(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!

That information is NOT TRUE. Honestly, I think your Attorney is trying to screw you over which many will do because of lack of understanding about WC in there state.
Also your Attorney is not capped at 8%;That is not true. I would reread my contract. . Look at this website for WC in your State;

Limits on Attorney Fees

Attorney fees for claimants are set by statute at 20% of the first $5,000, 15% of the second $5,000, 10% on the amount received over the first ten years, and 5% on the balance. In certain cases, the attorney fee may be added to the award.

You need to become knowledgeable of the WC laws in your state. Google, research for yourself. Never put your faith in a Attorney who tells you bogus things like you stated above.

I could write you a book; I have settled after 9+ years with WC of Louisiana with a Compromise and Release Settlement. My settlement was mid 6 digits not counting the 9 years of treatment/pay for the last 9 years.

Study;Read' You can do this. Knowledge is powerful. SO MANY get screwed from lack of wisdom. Bow your neck and do this for yourself. Also, I think your Attorney is full of BS.

If you had a job making mid $50k, you have the ability to read and absorb knowledge

Good Luck
Please go apply for SSDI today
........I love cats, I just cant eat a whole one by myself......

Lawyer called again today saying WC lawyer wants to know if I want surgeries or settlement. I said if they won't cover future lost wages because I cannot replace what I would have had in my future and don't think that there is really any job I am capable of doing at this point, let's do the surgeries. From what all of you on here have said, I believe my injuries are only going to get worse and compounded. Sounds like a domino affect from what I read here, very scary...my first fusion still isn't healed after a year and a half so I am unlikely to have much success with the next one already needed. My lawyer is trying to tell me whatever I want to do but it does seem like he is badgering me. I don't think the surgeries will make things much better but most of all I am worried about becoming paralyzed if I don't have them. This is totally stressing me out and I am sure WC wants to get me off the books because they know there is really no fix for this and it is only gonna get worse. I am not gonna break that easy, they already tried to tell my lawyer today that the ortho said I don't need surgery on my shoulder because the injections gave me 100 percent relief. Funny not what his asst said to me last night. She said he put in the paperwork I def do need surgery I have severe arthritis in my shoulder and it was caused by the WC accident so today I left her a message to set up surgery. Fortunately I have top notch dr's...Thank God for that and they do really have my best interest at heart.
I will look up the website you gave me lucky, that is the reason I joined this forum so I can learn from all of you and not get screwed. Here in Fl they only have to pay you your wages for 104 weeks and then they cut off the checks but still pay medical. I have some money in the bank from the PI settlement and my husband also makes 50k a year and I have health ins and everything we need so the money is not that important right now, my quality of life and not getting screwed by WC is my priority. I don't think my lawyer get's it...lol can I fire him and hire a new lawyer or do I still have to pay him? He is starting to get on my nerves, he said he is there for me but I'm not feelin' it lately.
Does your Attorney specialize in WC of Florida OR is he basically a PI Attorney?
I hired a Attorney who knew nothing about WC of Louisiana. After 2 years of agony, I finally got another Attorney onboard who specializes in WC and knew the laws. He was a life saver for me.

This Attorney agreed to split the compensation withe the 1st Lawyer I retained. If your Attorney does not specialize in WC I would look for a Attorney who does. The 2 Attorneys will have to come to a agreement about the splitting of the compensation and this is where you could have a issue.

WC Attorneys make a lot less that PI Attorneys. Many Injured workers hire a Attorney who actually knows little about WC.

From what you say, Your Attorney lacks WC knowlledge. For instance, It is illegal and stiff fines could be levied if they try and settled without providing future medical. I can promise you your Husbands medical will require WC Insurance company to pay for your future medical needs associated with your work injury.

My wife has Insurance thru her company. They required the IC to pay for my medical needs due to my work related injury. Your Husbands Insurance will deny your medical claims if WC is not paying first. This becomes complicated depending on how you settle your future medical needs.

Will you need surgeries at a future date? Are you taking medications that you will be taken because of your work related injury? If you answered yes to just one of these questions, The IC must by law settle with you on your future medical needs. Also, when you become Medicare eligible, You will be denied payment for your work related injury IF you do not settle with Future medical needs with the IC.
I settled with a Workers comp Medicare setaside called a MSA. They figured I would live 30 more years and pay me annually a certain amount to pay for my prescription drugs and monthly Doctors visit. I received a seed amount of $15000 plus I get approx $7500 yearly deposited into my interest bearing account.

THIS IS COMPLICATED. All Cases are different but going by what you said, Your Attorney is not a WC Attorney or is trying to screw you for a payday.

Bow your neck; Find another Attorney who specializes in WC who is willing to come on board and split the fee.
My PI attny who is awesome and a friend of the family referred me to WC attny who is supposed to be considered elite in WC and is supposedly one of only 60 in the whole country. Just seems a little pushy lately and I think I might want to replace him. He is supposed to be very good at what he does, I guess that means get me the care I need and the biggest settlement but I just feel like he is not getting where I am coming from sometimes. I don't want to settle and have no way for my medical needs from this situation not to be taken care of because I see this as a permanent on going situation with no remedy. So I think for now I will think about getting these surgeries done and healed and seeing how it os from there. It's all I can do is worry about my own health right now. My family all said to have the surgeries so that is what I am gonna do since I know when all these injection wear off I am gonn be in more pain than I can remember....ugh.

The only way private health insurance will pay for a work injury is if the IC (insurance carrier) denies your claim. You would then present the denial to private insurance to get injuries taken care of. This doesn't seem to be your case.

An MSA is a Medical Set Aside. Which is basically funds you control to pay for your yearly care of your injuries to include Dr's, medications, treatments and surgeries. If you want to take control of your medical care out of the IC's hands, this is the way that you would do it. You would have to figure out what your life expectancy is, then multiply monthly Dr visits, medications etc that you are receiving by the amount being paid at this time. Then you would have to research how much each of the surgeries are that your Dr's want you to have at this time, plus any therapies after or any medication changes that might occur. I would then multiply that amount by at the very least 10% to account for the cost of inflation over the years. This would be the amount you would want to ask for.

I would DEFINITELY apply for SSDI at this time. You have already been out of work for almost 2 years, which is a magic number for SSDI (26 months from date of findings of full disability) you will become eligible for medicare. And regardless of whether you can eventually go back to work or not, SSDI is set up for those that EXPECT to be out of work for 1 year or longer due to disabilities. Your SSDI and/or WC checks might be offset against one another, as you are only allowed to collect 80% of your wage at time of injury, but it generally amounts to what you would bring home after taxes if you were still working. If you remain on SSDI for the rest of your life, and you were to run out of the monies that had been set aside in the MSA, then medicare would pick up the cost of medical for your injuries. Otherwise, if you don't apply for SSDI and your monies that were given to you for your medical care on WC injuries ran out, you would have to pay for everything out of your own pocket. If you are found to be disabled enough to qualify for SSDI in a timely manner, there is every chance that your SSDI checks wouldn't start until you had completed your 104 weeks of wage replacement, so there would be no offset.

You might have been told that your attorney is one of only 60 "elite" work comp attorneys in the country, but he sounds like a real idiot to me. My attorney gave me better advice and she was a one woman office (plus legal aides and assistants) that was very busy. He's probably counting on the money you would get for continued medical care padding the amount he would collect from you. Especially if it is not worded properly in the final settlement papers. And if he is afraid that any monies you receive in a lump sum settlement might affect your SSDI if you are approved, with the right terminology and phrasing for a monthly payout, vs an annuity, your SSDI wouldn't be affected. He just might be afraid of all that extra paperwork and research he might have to do on those 2 things.

If you need more surgery and don't have them, and your IC decides that you need them, they can cut you off without another red cent to your name. Even if they don't feel you need them, coming up with a rating percent that the IC might/will agree to could be another battle in and of itself. My sisters attorney told her the same thing. That she would probably walk away with a figure in the high 5 digits, closer to 6. They just offered her a measely 10 grand last Friday, although she needs surgery on her neck, left shoulder and back that her treating WC Dr refuses to refer her out for. She has now been found to be MMI and her IC wants her off of their books. The same could and more than likely will happen to you.

Angel ^j^

(03-27-2012, 07:30 PM)FrankenNeck Wrote: 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!

I've always been crazy, but it keeps me from going insane.
Happiness comes through doors you didn't even know you left open
you should try to get it in writing from the health carrier so you are not surprised afterward.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
okay here is the number one big reason your lawyer wants you to settle now without SSDI and a medicare setaside.he gets a % of your medical money.... you get a medicare setaside he doesnt. You dont get to spend it on a trip to Paris either understand only medical bills and needs so you are limited on how you can spend that money but it is there for your medical needs.
........I love cats, I just cant eat a whole one by myself......

(03-30-2012, 10:40 AM)jayne Wrote: okay here is the number one big reason your lawyer wants you to settle now without SSDI and a medicare setaside.he gets a % of your medical money.... you get a medicare setaside he doesnt. You dont get to spend it on a trip to Paris either understand only medical bills and needs so you are limited on how you can spend that money but it is there for your medical needs.

you nailed it, its that simple
So both my dr's have put in a request for surgery and this is the letter my lawyer received from WC lawyer today. : As you know dr X and Dr Y have submitted requests for surgery. Based on my conference with Dr Y, however, the shoulder surgery should be on hold for now. With regard to Dr X, could you reply with confirmation that your client wishes to hold off for now on surgery pending the mediation next month? I don't want the adjuster to be put in a bad position under the circumstances. Ok so I told their lawyer and mine that I want these surgeries and my lawyer said he would cancel the mediation for now. It seems like I have no control on the situation. Really looking at getting another lawyer. If I do, do I have to pay the first WC lawyer anything is my question???

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