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Comp Nightmare
#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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Messages In This Thread
Comp Nightmare - ajenyksr - 06-28-2013, 01:43 PM
RE: Comp Nightmare - 1171 - 06-28-2013, 03:05 PM
RE: Comp Nightmare - ajenyksr - 06-29-2013, 12:33 PM
RE: Comp Nightmare - 1171 - 06-29-2013, 02:07 PM
RE: Comp Nightmare - hamrs_62 - 06-30-2013, 07:45 AM
RE: Comp Nightmare - ajenyksr - 06-30-2013, 11:10 AM
RE: Comp Nightmare - Manley2 - 07-03-2013, 07:08 PM
RE: Comp Nightmare - jayne - 07-04-2013, 01:29 AM
RE: Comp Nightmare - Manley2 - 07-04-2013, 09:37 AM
RE: Comp Nightmare - CheriLovesJesus7 - 07-04-2013, 09:04 PM
RE: Comp Nightmare - ajenyksr - 09-03-2013, 09:35 AM
RE: Comp Nightmare - 1171 - 09-03-2013, 12:07 PM
RE: Comp Nightmare - ajenyksr - 09-03-2013, 12:11 PM
RE: Comp Nightmare - jayne - 09-03-2013, 03:42 PM
RE: Comp Nightmare - Manley2 - 09-04-2013, 09:27 AM
RE: Comp Nightmare - ajenyksr - 09-04-2013, 09:53 AM
RE: Comp Nightmare - Manley2 - 09-04-2013, 11:32 PM
RE: Comp Nightmare - jayne - 09-05-2013, 10:34 AM
RE: Comp Nightmare - bronco54501 - 09-05-2013, 01:30 PM

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