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Comp Nightmare
#1
I've been creeping on this page for awhile, and just decided to enroll. So my issue is that I was hurt last year in June 12 falling 20 feet off a rail road car, and hitting the coupler and track. I was lifeflighted off the tracks, and so it is. I have since been hit with a fractured wrist, l2,l3,l4 Transverse Process fracture, l5-S1 disc herniation, and PTSD. I am wanting to know why my attorney is not settling my claim like I asked.

When I was working for the company, I was in the Union, making $14 an hour and things were going good. In Ohio, they took my last years wages, and averaged them. Since I was new at the job, and was Unemployment prior to the injury, I am getting a joke of $231 a week in benefits. I've been to an IME Dr, and he even stated I'm messed up, and am not MMI. However, it seems like the MCO and workers comp are trying to starve me out. I can't support a family on $231 a week. And I think people in Ohio should know, that due to all this "welfare queen" screaming going on right now, Ohio now means tests you at the 100% actual of what you MADE vs the workers comp 66% of what your making. When I went down to recieve benefits for my family, I was informed that I was means tested at $30k a year. When I told her that I only get $12k a year, she told me, "well, that sucks but that's how it is". I have asked my attorney 3 times now to please settle my claim. Am I wrong, or is it not in the best interest of the MCO and Insurance Co. to want to settle the claim?

Also, if somebody could help me out, I can't get a straight answer out of my attorney on any settlement idea's. I know there is no set way of knowing, but I would like to know what it is. When I asked him before, he said "your claim is a substantial amount", and that was it. Well, substantial to me right now is $100 bucks.... So am I looking at a 4,5 or 6 figure here and how can I get an idea of it? As it stands, in the past year, I have been paid $6k of indemnety payments, and $23k has been paid to medical. Hope somebody can give me some insight here.
(06-28-2013, 01:43 PM)ajenyksr Wrote: I've been creeping on this page for awhile, and just decided to enroll. So my issue is that I was hurt last year in June 12 falling 20 feet off a rail road car, and hitting the coupler and track. I was lifeflighted off the tracks, and so it is. I have since been hit with a fractured wrist, l2,l3,l4 Transverse Process fracture, l5-S1 disc herniation, and PTSD. I am wanting to know why my attorney is not settling my claim like I asked.

When I was working for the company, I was in the Union, making $14 an hour and things were going good. In Ohio, they took my last years wages, and averaged them. Since I was new at the job, and was Unemployment prior to the injury, I am getting a joke of $231 a week in benefits. I've been to an IME Dr, and he even stated I'm messed up, and am not MMI. However, it seems like the MCO and workers comp are trying to starve me out. I can't support a family on $231 a week. And I think people in Ohio should know, that due to all this "welfare queen" screaming going on right now, Ohio now means tests you at the 100% actual of what you MADE vs the workers comp 66% of what your making. When I went down to recieve benefits for my family, I was informed that I was means tested at $30k a year. When I told her that I only get $12k a year, she told me, "well, that sucks but that's how it is". I have asked my attorney 3 times now to please settle my claim. Am I wrong, or is it not in the best interest of the MCO and Insurance Co. to want to settle the claim?

Also, if somebody could help me out, I can't get a straight answer out of my attorney on any settlement idea's. I know there is no set way of knowing, but I would like to know what it is. When I asked him before, he said "your claim is a substantial amount", and that was it. Well, substantial to me right now is $100 bucks.... So am I looking at a 4,5 or 6 figure here and how can I get an idea of it? As it stands, in the past year, I have been paid $6k of indemnety payments, and $23k has been paid to medical. Hope somebody can give me some insight here.

Also, it has been deemed by both my Dr, and the IME that I will NEVER be able to return to a labor position. EVER..... Don't know if that helps.
 
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#2
I've heard it called lurking but never "creeping"...
does that make you "creepy"?

If you can show your wages would have been higher after your injury then what they averaged you might be entitled to an increase.
did they hire a replacement?
if so, have the employer very their wages with your adjuster and ask for a recalculation.

you can only settle your claim if the other party agrees.

settlement values are based on what they would have to pay on your claim if you continued to receive benefits.
figure out what ongoing benefits they will have to pay.
if you don't know, then you can find out here
https://www.ohiobwc.com/downloads/brochu...outYou.pdf
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.
 
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#3
Thanks for the info. The wages set were for my 2 months of work at the railroad, and they dis allowed my workers comp. So they literally took my 2 months of work, and used that as my average wage over 52 week average. I just don't understand how they can do certain things. I can't go back to work, and I can't live on what they are giving me. I've gone to some really funny appointments, one of which was when I was asked if I didn't fall from the rail car, but jumped to end my life.... I advised them I work where the B&O rail line runs at about 35mph, so if I wanted to kill myself, I would have just jumped in front of that. 2500 tons of steel moving at 35mph should do the job. Just seems like a run around.

And the MCO is another pitfall. They call me to "check up" on my condition, yet it seems they are trying to bait me into saying there is nothing wrong with me. I just don't understand why this process takes so long. It almost seems like they either want people to just forget about it and not hold anybody liable for the fault, or starve you out till you just give up.

Even in Ohio now, if you are under a temporary total situation, your social security number is blacklisted, so your unemployable. We attempted this when my friend tried to hire me, and the e verify said I wasn't employable. So they make it so I can't work, because I can't work, so I can't support my family so I give in.
 
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#4
since the employer is paying the work comp bills the process is very very tight
you can't get full disability and also get a paycheck-one or the other.
otherwise it's fraud.
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.
 
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#5
I thought you can get ssd and workmans comp
 
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#6
You can get SSD, however, the process is such a joke anymore. I filed for it with my attorney in February of 2013. As of today "A decision has not yet been made on your claim". It can take up to 180 days.

 
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#7
If your talking about SSD it took me over 2 years to get approved for it.
 
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#8
Manley are you talking about SSD or SSDI?
........I love cats, I just cant eat a whole one by myself......







 
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#9
Sorry SSDI, my mind doesn't work like it once did
 
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#10
(06-28-2013, 01:43 PM)ajenyksr Wrote: I've been creeping on this page for awhile, and just decided to enroll. So my issue is that I was hurt last year in June 12 falling 20 feet off a rail road car, and hitting the coupler and track. I was lifeflighted off the tracks, and so it is. I have since been hit with a fractured wrist, l2,l3,l4 Transverse Process fracture, l5-S1 disc herniation, and PTSD. I am wanting to know why my attorney is not settling my claim like I asked.

When I was working for the company, I was in the Union, making $14 an hour and things were going good. In Ohio, they took my last years wages, and averaged them. Since I was new at the job, and was Unemployment prior to the injury, I am getting a joke of $231 a week in benefits. I've been to an IME Dr, and he even stated I'm messed up, and am not MMI. However, it seems like the MCO and workers comp are trying to starve me out. I can't support a family on $231 a week. And I think people in Ohio should know, that due to all this "welfare queen" screaming going on right now, Ohio now means tests you at the 100% actual of what you MADE vs the workers comp 66% of what your making. When I went down to recieve benefits for my family, I was informed that I was means tested at $30k a year. When I told her that I only get $12k a year, she told me, "well, that sucks but that's how it is". I have asked my attorney 3 times now to please settle my claim. Am I wrong, or is it not in the best interest of the MCO and Insurance Co. to want to settle the claim?

Also, if somebody could help me out, I can't get a straight answer out of my attorney on any settlement idea's. I know there is no set way of knowing, but I would like to know what it is. When I asked him before, he said "your claim is a substantial amount", and that was it. Well, substantial to me right now is $100 bucks.... So am I looking at a 4,5 or 6 figure here and how can I get an idea of it? As it stands, in the past year, I have been paid $6k of indemnety payments, and $23k has been paid to medical. Hope somebody can give me some insight here.
(06-28-2013, 01:43 PM)ajenyksr Wrote: I've been creeping on this page for awhile, and just decided to enroll. So my issue is that I was hurt last year in June 12 falling 20 feet off a rail road car, and hitting the coupler and track. I was lifeflighted off the tracks, and so it is. I have since been hit with a fractured wrist, l2,l3,l4 Transverse Process fracture, l5-S1 disc herniation, and PTSD. I am wanting to know why my attorney is not settling my claim like I asked.

When I was working for the company, I was in the Union, making $14 an hour and things were going good. In Ohio, they took my last years wages, and averaged them. Since I was new at the job, and was Unemployment prior to the injury, I am getting a joke of $231 a week in benefits. I've been to an IME Dr, and he even stated I'm messed up, and am not MMI. However, it seems like the MCO and workers comp are trying to starve me out. I can't support a family on $231 a week. And I think people in Ohio should know, that due to all this "welfare queen" screaming going on right now, Ohio now means tests you at the 100% actual of what you MADE vs the workers comp 66% of what your making. When I went down to recieve benefits for my family, I was informed that I was means tested at $30k a year. When I told her that I only get $12k a year, she told me, "well, that sucks but that's how it is". I have asked my attorney 3 times now to please settle my claim. Am I wrong, or is it not in the best interest of the MCO and Insurance Co. to want to settle the claim?

Also, if somebody could help me out, I can't get a straight answer out of my attorney on any settlement idea's. I know there is no set way of knowing, but I would like to know what it is. When I asked him before, he said "your claim is a substantial amount", and that was it. Well, substantial to me right now is $100 bucks.... So am I looking at a 4,5 or 6 figure here and how can I get an idea of it? As it stands, in the past year, I have been paid $6k of indemnety payments, and $23k has been paid to medical. Hope somebody can give me some insight here.

Also, it has been deemed by both my Dr, and the IME that I will NEVER be able to return to a labor position. EVER..... Don't know if that helps.
If you are not truly at MMI do not try to Settle yet. It depends on your age for the amount you will recieve. If you are 18-30 you will recieve much more that if you are 45-60. It will all play out based on your % of permanent imjury. 50% and up pays you more than 25% or lower. The MMI doc will put you through a series of tests which seem different but are the same to see if you are pretending to be worse than you are. Also you much ask for open Medical this means if something else related happens they can reopen you TTD. Other wise you will see an IME and then a MMI with open medical. The award is not going to be as much as you are probably hoping. I had several cervical surgries and I have a hole in my spinal cord from one of the bauched surgries and they settled for 30K - 1/3 off the top for the attorney plus an additional amount to the attorney for every phone call no matter what the topic and they round up to the nearest hour or half or quarter hour varies by attorney. So ever copy of paper set anywhere, every fax etc you are being charged seperately fyi. My attorney was able to have my amount of TTD raised a bit for me. You need to ask questions about all the fees in addition to attorney % also if you are not ready you could cause further damage that they can say happened after the fact. I hope this helped.[/color]
 
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