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Settlement too easy? Not fair? I need help!
#1
I was injured at work, reported the injury immediately, had to have a knee scope, and developed complex regional pain syndrome also known as reflex sympathetic dystrophy. I went through various treatments for 4 years with no success. My pain doctor then recommend the spinal cord stimulator. Work comp denied it and we fought our private insurance company to pay for it. They did but now we are suing work comp to keep medical open.

We got the settlement papers back and we are not getting a dime after all our hard work of getting everything together for the case and not to mention the injury and pain that has occurred this entire time! The settlement states that our lawyers get paid and our private health insurance gets reimbursed for the spinal cord stimulator costs and I get an open medical case. I don't get any of the money and I have to have a pre-auth for everything it seems like. Is this a fair settlement?

I'm wondering if I should go back and ask the lawyers if I can get half of the money that is being reimbursed to my private insurance company since I have the injury and did all the background paper work. Is there something else I should be pursuing? I'm at a loss right now and I'm not signing anything until I can figure it all out. Thank you so much for your time!
 
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#2
if they are leaving your case open, what kind of a settlement is it? what are you both settling? what are you both getting and giving up? those ideas should be clear to each of you before you agree.
without knowing your state it's difficult to know what going on--each state has its own comp system.

you should see how much they will pay to closeout the claim including the future medical.
you also need to find out how much your disability is worth and where are those dollars going?
hopefully not all to your attys.....
the reimbursement should be from medical dollars and not from your disability.
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
Pain is something WC does not pay for. If WC is paying your private insurance back for what they spent how would you think you should get half of it? Is this a settlement to close out your case with open medical? Including you state information will help
 
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#4
It sounds like this is simply a resolution of your private health insurance carrier's subrogation claim. What that means is that your private health insurance paid for your treatment that should have been paid by WC. WC has agreed that they are responsible and are going to reimburse the private health insurance carrier minus a fee payable to your attorney for pursuing the subrogation claim. You are not loosing anything and you have already received the benefit of receiving treatment which was paid by your private insurance while the case was being litigated. If you are not giving anything up, you are not entitled to any additional payment.
Timothy D. Belt
DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania. The answer given is based only on the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.
 
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