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

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Ready to offer settlement. insight appreciated
#1
Hi everyone, let me start off by saying i hope all you injured members are doing better these days!

ok let me explain my history, and describe my position where i am at in my situation.

about a year and half ago i was working at our Florida location paint supplier.
box truck doorfell ontop of my head/neck ultimately forced my right arm behind my head. the injuries i sustained were several herniated discs in my neck including spinal cord compression in 2 places. the insurance didn't fight me on this and approved the first surgery on my neck which was disc replacement and fusion on c-3/c-4 then after that i had rotator cuff surgery and had that cleaned up. i have been collecting TTD since December and 3 months now since shoulder surgery,

ok that was the history, now what is happening they gave me a PPD rating of 7% with no restriction. and MMI well i know i still have issues with both neck and shoulder with restriction, but apparently that's why the PPD, also during this time off my work has laid myself and other employees off and closed the location.

my question is based on what i said above. i am ready to try and settle this. but talking to my lawyer sometimes gets me nowhere because he dances around specific questions, he wont answer directly anyways thats why i am here to get insight from you guys.

oh i wanted to mention that during my evaluations before my neck surgery WC sent me to a second doctor for second opinion. that doctor they sent me to actually found the same issues with the next vertebrae blow my current fusion and said if he was performing the surgery that he would also do that dics as well. but we didn't. but he did say that i have a 3% progression rate each year that my neck will worsen if i don't take care of it with first surgery, so again the first doctor didn't take care of it so now my future is uncertain because i don't know if i factor that into my settlement etc.. i will continue to talk to my lawyer im just looking for opinions from people outside of my current circle for advice or insight..

so after having 7% PPD and with the second opinion doctor diagnoses of another neck issue. where do i begin to decide how much i should start to ask for or do i even have this option? whats acceptable. the problem is i know i have to live with my issues for ever now and i obviously cant do the same work i did before.

what do you guys think?

i appreciate your insight on this.

Mike H.
 
Reply
#2
you are only settling the future comp benefits you maybe entitled to.
this may help with the disability portion:
http://www.myfloridacfo.com/WC/employee/...Bcalc.html

discuss your medical needs with your doctor and your atty.
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.
THANKS FOR POSTING.
 
Reply
#3
(08-09-2012, 04:09 PM)1171 Wrote: this may help:
http://www.myfloridacfo.com/WC/employee/...Bcalc.html

yes already been there thanks though...( already finished receiving my PPD benefits )
was looking for insight regarding settlement offers to close the case because i do not know a dollar amount to start to make an offer.....
 
Reply
#4
(08-09-2012, 04:15 PM)MikeHal Wrote:
(08-09-2012, 04:09 PM)1171 Wrote: this may help:
http://www.myfloridacfo.com/WC/employee/...Bcalc.html

yes already been there thanks though...( already finished receiving my PPD benefits )
was looking for insight regarding settlement offers to close the case because i do not know a dollar amount to start to make an offer.....

others have little or no idea of your medical needs, how likely they are to occur, and what they cost in your area. any help from strangers will be total guesswork. you'd do best to discuss it with your doctor and atty who know your situation in detail.
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.
THANKS FOR POSTING.
 
Reply
#5
(08-09-2012, 04:25 PM)1171 Wrote:
(08-09-2012, 04:15 PM)MikeHal Wrote:
(08-09-2012, 04:09 PM)1171 Wrote: this may help:
http://www.myfloridacfo.com/WC/employee/...Bcalc.html

yes already been there thanks though...( already finished receiving my PPD benefits )
was looking for insight regarding settlement offers to close the case because i do not know a dollar amount to start to make an offer.....

others have little or no idea of your medical needs, how likely they are to occur, and what they cost in your area. any help from strangers will be total guesswork. you'd do best to discuss it with your doctor and atty who know your situation in detail.

just getting a ballpark idea on what i should consider to offer is all. yes i know there plenty factors to consider etc.. my situation described above and with the disc issues i have for future surgery ontop of the one i aleady had on neck... i was just curious is all...... but thanks for your messages either way but im already doing all your talking about. im not asking a stranger to say ask for this much etc.. but an idea what i could offer to get is all..
 
Reply
#6
your atty dances around those questions because the answers are too subjective and the "ballpark is too big" without more detailed medical information.
you can ask for an itemization of what was paid for your last surgery. and use your judgement as to what the chances are you'll get another and how far out that may be. i.e. 30% chance for a $50K surgery at some time.
use a present value calculation for your age and gender
try this:
http://www.settlementevaluator.com/
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.
THANKS FOR POSTING.
 
Reply
#7
(08-09-2012, 04:48 PM)1171 Wrote: your atty dances around those questions because the answers are too subjective and the "ballpark is too big" without more detailed medical information.
you can ask for an itemization of what was paid for your last surgery. and use your judgement as to what the chances are you'll get another and how far out that may be. i.e. 30% chance for a $50K surgery at some time.
use a present value calculation for your age and gender
try this:
http://www.settlementevaluator.com/

already know the cost of first surgery since a bill came to me ( as a copy) it was $85k and all the medical treatment along with therapy came to around $35k looking at the link,, thx
 
Reply
#8
(08-09-2012, 01:57 PM)MikeHal Wrote: Hi everyone, let me start off by saying i hope all you injured members are doing better these days!

ok let me explain my history, and describe my position where i am at in my situation.

about a year and half ago i was working at our Florida location paint supplier.
box truck doorfell ontop of my head/neck ultimately forced my right arm behind my head. the injuries i sustained were several herniated discs in my neck including spinal cord compression in 2 places. the insurance didn't fight me on this and approved the first surgery on my neck which was disc replacement and fusion on c-3/c-4 then after that i had rotator cuff surgery and had that cleaned up. i have been collecting TTD since December and 3 months now since shoulder surgery,

ok that was the history, now what is happening they gave me a PPD rating of 7% with no restriction. and MMI well i know i still have issues with both neck and shoulder with restriction, but apparently that's why the PPD, also during this time off my work has laid myself and other employees off and closed the location.

my question is based on what i said above. i am ready to try and settle this. but talking to my lawyer sometimes gets me nowhere because he dances around specific questions, he wont answer directly anyways thats why i am here to get insight from you guys.

oh i wanted to mention that during my evaluations before my neck surgery WC sent me to a second doctor for second opinion. that doctor they sent me to actually found the same issues with the next vertebrae blow my current fusion and said if he was performing the surgery that he would also do that dics as well. but we didn't. but he did say that i have a 3% progression rate each year that my neck will worsen if i don't take care of it with first surgery, so again the first doctor didn't take care of it so now my future is uncertain because i don't know if i factor that into my settlement etc.. i will continue to talk to my lawyer im just looking for opinions from people outside of my current circle for advice or insight..

so after having 7% PPD and with the second opinion doctor diagnoses of another neck issue. where do i begin to decide how much i should start to ask for or do i even have this option? whats acceptable. the problem is i know i have to live with my issues for ever now and i obviously cant do the same work i did before.

what do you guys think?

i appreciate your insight on this.

Mike H.
Hi Mike.
I live in Kansas. I was injured on the job July 24, 2005. I was sent to 12 doctors over those seven years and that includes the Law Judge's appointed physician. You must remain silent and let the attorney do his job. Work Comp is complicated and awards almost always are appealled. I was given two settlement choices early on...one for $5,000 another for $12,500 and I was not pleased with those so I denied both. I never had the option to request a settlement amount and it's best you don't try because it may look as if you are capable of working if you really can't, and will harm your sworn testament of ligitiment injuries. I have recently been awarded $125,000 by the law judge but of course the employer appealled. I am waiting for the Boards decision. If that decision is negative I will request further litigation. My case also involves psychological changes from the work injury and I find myself constantly wanting to bug the attorney for information. It is best left alone. My attorney is very professional and got me this far without my constant nagging. Hang in there...somehow.

 
Reply
#9
Never have a fear of counter offering the IC's first proposal. It has nothing to do with looking like you are able to work. It is call the art of negotation.

With that being said, I suggest that no injured worker make the first request for a settlement. Simply because if you do. You will find yourself on the wrong side of the deal. You are actually putting the IC in a better position.

I suggest from a statical view point that you do nothing and follow your attorney's advice. Hopefully he/she is waiting for the IC to make the first move. He/she can alwaya suggest that you are interested in settling. Just to see what the IC comes up with.

Unfortunately, no is going to be able to tell you what the magical number is. Simply because every state is different. Different states use different versions of the AMA. Everyones claim is different because everyone is different. What works for me medically does not work for everone. Everyones past wages were different and everyone healing is different.

With all that being said. The advise of your attorney is the best you can do. I simply suggest that do not follow his/her advise blindly.
8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. After going back to school, I received my degree as a mechanical engineer. What can I say, it was the only way I had to beat the system. 
 
Reply
#10
in many states getting a court date will be effective in getting the carrier to make an offer or move toward settlement.
for defense attys being able to avoid the "time wasting" process of court appearances can be a settlement motivator.
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.
THANKS FOR POSTING.
 
Reply
  


Possibly Related Threads...
Thread Author Replies Views Last Post
  Should I Accept The First Medical Settlement Offer? Kentucky Ranger 1 1,432 03-14-2020, 08:59 PM
Last Post: 1171
  Louisiana wc(settlement offer less than 4mons) Feelbad 3 1,799 03-10-2019, 12:07 AM
Last Post: 1171
Question Accept $3,000 Settlement offer for head injury??? Andalasia 7 4,122 10-26-2018, 01:15 AM
Last Post: California_Help
  Settlement offer florida Davidbum 2 3,578 03-18-2018, 08:20 AM
Last Post: Cashiered Too
  Not Ready to Return to Work / Stress (New to Forum) jjjccefbr 8 6,276 02-04-2017, 01:07 AM
Last Post: 1171
  Settlement Counter offer iceg0412 1 5,117 01-29-2017, 02:54 AM
Last Post: 1171
  Settlement Offer rennyboy 5 4,888 08-31-2016, 01:55 PM
Last Post: 1171
  Finally got settlement offer JoeHart 3 5,095 05-18-2016, 10:12 PM
Last Post: JoeHart
Smile 1st offer / Lump sum settlement Mongrel_Money 20 28,355 05-09-2015, 12:04 PM
Last Post: Mongrel_Money
  Settlement offer need advice Junius White 7 9,862 08-25-2014, 07:55 PM
Last Post: California_Help

Forum Jump:


Browsing: 1 Guest(s)