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Back Injury Settlement
#4
(09-29-2015, 10:29 PM)backprobs Wrote: 1st Post Hope Im Doing This Right---- Read whatever pops out at you.
I had a bad back injury, no fault of mine, had to get a spinal fusion, I almost died in the accident and on the way to the hospital.  I broke/fractured/punctured a bunch of other things as well be the back is the biggest problem.  I was in the hospital for a few weeks, the bill was about half a million when I left, WC covered it all. I'm still undergoing treatment for injuries.
I'm not even 21 yet and I am injured for life.  I had to drop out of college for a year and I can never run or jump again. (I'll spare you the sob story but you get the idea). 

Anyways I have an attorney, but haven't talked to him lately (Calling him ASAP).  I went to my QME a little, while ago, glanced at the percentages but havent gone over them thoroughly yet.  

I got a check in the mail today, it wasn't even $20k.  Is this how they offer a settlement? I thought it had to go through my attorney? But a check? It says non negotiable, this isn't enough money to cover a semester of college... It will literally cost me money since I won't get financial aid.  I "heard" that you usually get about half of your medical bills.  I was hoping for like 100K.  If this is it, I will use it to pay hobos to piss on the insurance companies buildings.

The hell is this crud?

The check says non negotiable. I thought they were supposed to offer a settlement... 

I'm a kid thrust into a world of BS and I really need some opinions.

Yes I will go talk to my lawyer.

I typed this before your response above. It sounds like that is your settlement from your PD rating which is basically your settlement. You should be eligible for vocational rehab vouchers for college on top of this. Your attorney can fight this rating if he disagrees. I understand your confusion as the CA work comp system is very complicated. If you want a simple book to help you understand it more you can but Christopher Ball How To Take Charge When You Are Injured On The Job, but make sure it is the most current edition or you can look up your questions on this link.http://www.dir.ca.gov/dwc/dwc_home_page.htm You can also request a free guideline book for injured workers from this link. http://www.dir.ca.gov/dwc/InjuredWorker.htm

I would not listen to anyone about settlement except your attorney. I think what people were referring to is civil claims for car accidents because that is a formula some use for that. Work comp is entirely different.

Every state has different work comp laws. Are you from CA because you mentioned QME? You do not need to give any specifics about your claim that can be used to identify you, but state and year of injury would be helpful (please do not give exact date you were injured).  Your injury benefits and laws (if from CA) are depended upon year of injury, but you do not need to provide the exact date of injury.

If you are from CA this could be TTD (temporary disability payments) if the insurance company did not pay you when you were off of work. It may also be PD payment. This is paid usually after you are rated. Work comp TTD us not taxable, will not show up on taxes and do not have to claim it on your taxes... so I would ask your attorney if it is considered income for financial aid purposes.

If you are from CA there are a few ways to settle your case. You can settle by a stip which means the insurance company will be liable for your medical treatment and then you  get paid PD payments for how high you were rated. The other way to settle is called a compromise and release, which means the WC insurance company is no longer liable for your medical treatment and they will give you money to close out your claim. If you still need treatment and medications. This will have to be paid by you or you can ask your private insurance if they will cover these injuries.

I would not let this work comp stop you from college or moving forward in life. You are young and things can get better. I was told I would end up in a wheel chair within 3 years and I walk normally now. If you need accommodation from college like extra time on tests, etc you can sign up under disabled student services. You will then have priority registration. I would also recommend applying for grants as well. If you are not able to return to your job you will qualify for vocational rehab. If you were injured after 1/1/2013 you qualify for 6 grand in college voucher and also a check for 5 grand you can use on whatever you want. if you were injured before 1/1/2013 you only qualify for the college voucher and the amount is depended upon your PD rating.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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Messages In This Thread
Back Injury Settlement - backprobs - 09-29-2015, 10:29 PM
RE: Back Injury Settlement - 1171 - 09-30-2015, 12:11 AM
RE: Back Injury Settlement - backprobs - 09-30-2015, 12:36 AM
RE: Back Injury Settlement - 1171 - 09-30-2015, 01:25 AM
RE: Back Injury Settlement - California_Help - 09-30-2015, 12:51 AM
RE: Back Injury Settlement - backprobs - 09-30-2015, 01:16 AM

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