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FINALLY SETTLED. Opinions would be greatly appreciated!
#1
Hows is going guys. I'm new here but have been reading these posts on the board for a while. Good info on here. Just a quick overview, from New Jersey, injured in New jersey. I hurt my shoulder at work 2 years ago taking a ladder off the work truck. I collapsed in burning pain. And it ached everyday after that and couldn't raise my arm high. I ended up having a choice of doctors after going to the frist doctor for immediate care that day of the injury and to file the report. Then I got a choice of doctors for my care on the shoulder , one was the Rothman Institute. I jumped on that opportunity. The specialist doctor did an arthrogram on my shoulder and nothing came up. He was baffled. For 5 months he tried to figure it out. Pain meds, physical therapy, cortisone shits, etc. Nothing worked and he was baffled. I was out of work for 7 months, checks csme from comp every time, no problems. A couple times I was on light duty, and once we tried full duty before surgery (made no sense) and I hurt it worse.

He went to my neck next. Found three minor bulging discs. He thought he found the problem. Shots and physical therapy. Nothing chsnged. Than another real good shoulder surgeon, one of the best, took a look at the shoulder MRI and said there it is. Labrum Frayed. We tried to pt it again, no improvement. Passed the strength test because my lawyer said no matter how bad it hurts I better pass it or it will look bad and I could lose my job(still confused on that one). Tried full duty for a week one more time and hurt it just as bad. Arthroscopic Surgery was already planned as the doctor said I'll fix the fraying and will find something else wrong. Left full duty again and I got surgery. He was certain he'd find something else while cleaning up the fraying. Nope. But he cleaned up the fraying, no sutures or anything. Physical thread after surgery and no better, actually worse. Finally he MMI me and said I could no longer do that job. PPD. Workers compensation never denied a visit, pt, meds, or surgery. No waiting time. They were actually great woth everything considering what I've read about them. Although my experience was no joy ride with the pain I was in and lack of good money coming in. A couple times they were bitchy and the lady who came in the doctors office visits towards the end was a complete a hole and treated me like I was lying. She wa the worst. So were a couple WC doctors in between for one visit at a time trying to act like nothing was wrong too, and of course the rating docs at the end but thats expected. Unemployment was HELL and screwed me in the beginning but thats another story. Almost ruined my relationship and came close to losing all I had. But mainly WC did there job and no hangups as far as the visits etc. So I consider myself one of the lucky ones.

My shoulder never got better, actually alot worse now. Constant pain, cant do some of the stuff i liked to and can't do heavy labor and even more technical stuff because the overhead work and little things like turning screws or light overhead work seem to really hurt it. Weird. It will give out in pain sometimes and when that happens its bad. I'm in pain everyday as I refuse to stay on pain pills and screw up my life. Almost did. They never found out why I have so much pain and why it is so excruciating if I move it real quick, to say catch something I dropped for example, that I collapse in pain for an hour or so. The neck was kinda ruled out as the main pain causing problem as the other doc thought he found the problem in my shoulder and the neck kinda was forgotten about at that point . Turns out neither explain what I'm going through. Innow make about half of what I made before but its a very good job considering my limitations. Got lucky but went though a couple hell excrement jobs before I found it. Even got my Realtors license on my own to try and get my life in order but that job didn't work out.

So anyway after some back and forth my lawyer got what I said the minium I'd take is and settled on the 18th. I ended up with 22 1/2 percent on the shoulder, about 32,000 structured, minus the tender of $12,000 they already gave me a year ago, with the option to reopen in two years. And I did a section 20 on the neck for $7,000 lump sum.

My question is with everything I've told you guys, do you think I did good? Did I get good settlement compared to similar injuries of this nature. I did alot of homework during the two years and actually did most of the work. My lawyer is good at knowing the laws and negotiating but sucks at communicating with me or helping. I must say it feels liberating to be dine with this. Thanks so much for your time.
 
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#2
Glad you settled and are on your way to rebuilding your life. The only thing that matters is that you feel you got a fair settlement. To hell with others two cents! It's like buying a new car and then hearing every pin heads opinion on how in they could have got you a much better deal.

As long as you feel good, and are moving on with your life, that is what is important.
 
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#3
(10-26-2013, 11:11 PM)SickOfTheProcess Wrote: Glad you settled and are on your way to rebuilding your life. The only thing that matters is that you feel you got a fair settlement. To hell with others two cents! It's like buying a new car and then hearing every pin heads opinion on how in they could have got you a much better deal.

As long as you feel good, and are moving on with your life, that is what is important.

Thanks man and I do agree with you. I just felt I really did good and was proud of myself for holding strong and fighting. It was just a fray, no sutures and slight bulging in the neck. So technically I didn't have much to go off of for a good settlement because they never found out why I'm screwed up. They could have just said hey its a fray and it was cleaned up. He doesn't deserve this rating. But I wouldn't budge and told my lawyer to tell them I'm ready for court if they are going to try and give me a 17% on the shoulder and 0% on the neck saying it had nothing to do with it. I gave him numbers that I wanted minimum or ill take my chances in court , 22 1/2 and $7000 on a section 20 and said I will absolutely not budge. I'm in oain evrydyand got surgery hoping it would fix it. But they technically could never find out the root of the problem. So I was just curious what other settlements for just a fray were so I know if I really did fight the good fight and end up getting the better of them in the end. I put alot into this. And am proud but afraid sometimes that I could have fought for even more. Thanks again for yiur support!
 
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#4
You both have the right additude, If you feel happy and its enough then you did great. I also settled back in august after 7 years being in the system. 100% disabled. They shot me a price and it was a lot higher than what my attorney and I thought they would have. But I sat and figured it out, this was what I was to live on and when it boiled down to it I needed another 5 to 10 years of income. After many attempts to try to settle we quit canceling the hearing for full perm disabled. They finnaly came around and was close to what I wanted so I accepted.. There is really no dollar amount anyone can put on the agony and pain we will have for the rest of our lifes. Once I settled it was a big relief of stress, was it enough money...? No, but what is enough...

IMO, I think you did well considering....
.
 
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#5
(10-26-2013, 11:57 PM)bronco54501 Wrote: You both have the right additude, If you feel happy and its enough then you did great. I also settled back in august after 7 years being in the system. 100% disabled. They shot me a price and it was a lot higher than what my attorney and I thought they would have. But I sat and figured it out, this was what I was to live on and when it boiled down to it I needed another 5 to 10 years of income. After many attempts to try to settle we quit canceling the hearing for full perm disabled. They finnaly came around and was close to what I wanted so I accepted.. There is really no dollar amount anyone can put on the agony and pain we will have for the rest of our lifes. Once I settled it was a big relief of stress, was it enough money...? No, but what is enough...

IMO, I think you did well considering....

Thanks. I feel I did well also and youre right, what is enough. I really don't think I could have gotten any more out of them, but that is why I'm posting. To see if I could
 
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#6
Anyone else?
 
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#7
Are you out of work now because of this? If you are happy that is what is important but it's hard to say what is a good settlement. If you can live with what they gave you its a good settlement.
 
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#8
(10-27-2013, 11:41 PM)Manley2 Wrote: Are you out of work now because of this? If you are happy that is what is important but it's hard to say what is a good settlement. If you can live with what they gave you its a good settlement.

No I'm not out of work. I was for almost two years. I was on comp for alot of it and then unemployment after MMI. Fortunately I found a great job. Just pays less for now.
 
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#9
I guess what I'm asking, and I give up after this as I don't want to be a pain, what have you heard people getting for a frayed or slightly torn shoulder where the employee was abke to find another job but not the same field because of restrictions. Thata all I'm asking. Your experiences, friends and families experiences, history of stories on forums, from lawyers, etc. What have you seen as far as rating for what I've told you. Forget about good or bad or whatever. Thanks
 
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#10
the benefits are different in every state and the maximum disability rate changes every year so only the settlement results from someone in New Jersey with a similar injury occurring in 2011 might be comparable.
may take a while for someone with those factors to visit and discuss.
most who have already settled no longer visit work comp sites for help.
maybe you'll come back regularly and check to see if anyone else is like you and wants information about a 2011 New Jersey shoulder settlement.

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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