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WC Settlement in Connecticut
#1
HI, First post.  I have been looking here from 2009 when i got hurt at work.   lumbar spine injury  back to work light duty but my boss was not to nice I was doing some harder stuff and then hurt my cervical spine.

I have a Attorney from the beginning and he is great.  2 claims were filed, lumbar then cervical.  

Fast forward  to 2012   after many DR visits and IME MRI`S  i was said to be at maximum medical improvement.
I am collecting my full pension and medical insurance, I also am collecting my Social Security and medicare.

Fast foreword to august 2016  I get a letter from my Attorney letting me know there is a WC hearing ( i do not have to go )
out of the blue.  I call the Office because i am curious about what.
They said WC wants to settle.

MY Question is .  Is this A good thing?   I was told i was not  a good candidate for surgery but i will prolly have no choice some day, i am in pain every day ,cant lift heavy and have to be care full how i move around.  

I am looking for in site of the process of settling.  I trust my attorney but what will happen now?
I was under the impression i should never settle because they wont pay for anything after the settlement. is this true? 

can i get a payment of settlement and still they will have to pay for surgery ?
will my insurance pay for a WC injury if i settle ? 

thanks
 
Reply
#2
whether a settlement is a good thing for you depends on the amount.
you don't need to have a hearing to settle; all they had to do was grab the phone.
your atty will meet with their atty at the hearing and then let you know what they are offering.

you can buy out all your benefits, you can buy out part or you can agree on regular payments and open medical. if you don;t like the deal on one type you can try another.
sounds like you are equating permanent impairment disability payments and/ or wage differential with a "settlement"?
if so, then yes you can get just the permanent disability payments and leave your medical open.
most private health insurers will not pay for a work injury.
basic information on permanent partial disability and wage differential benefits here
http://wcc.state.ct.us/download/acrobat/...-guide.pdf

since you are on medicare any settlement that includes $$ for future medical treatment will likely go into a Medicare Setaside Agreement that has to be used before Medicare will pay for work injury treatment.
your social security payments will also be affected by any work comp settlement income
https://www.ssa.gov/pubs/EN-05-10018.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
(08-09-2016, 10:28 PM)1171 Wrote: whether a settlement is a good thing for you depends on the amount.
you don't need to have a hearing to settle; all they had to do was grab the phone.
your atty will meet with their atty at the hearing and then let you know what they are offering.

you can buy out all your benefits, you can buy out part or you can agree on regular payments and open medical. if you don;t like the deal on one type you can try  another.
sounds like you are equating permanent impairment disability payments and/ or wage differential with a "settlement"?
if so, then yes you can get just the permanent disability payments and leave your medical open.
most private health insurers will not pay for a work injury.
basic information on permanent partial disability and wage differential benefits here
http://wcc.state.ct.us/download/acrobat/...-guide.pdf

since you are on medicare any settlement that includes $$ for future medical treatment will likely go into a Medicare Setaside Agreement that has to be used before Medicare will pay for work injury treatment.
your social security payments will also be affected by any work comp settlement income
https://www.ssa.gov/pubs/EN-05-10018.pdf

Thank you for the helpful info,               

I was not ever expecting this i thought they were done with me unless i needed a Doctor.
With my pension and SS i am about 80 percent of my average income before my injury.
are you saying they will have to pay the 20 percent to make me whole? that would be nice.

i wonder why the informal hearing when they could call.

can anyone give have an example of why i should settle and why i should not ?
i would prefer a fixed payment monthly if i have a choice . i do NOT want a lump payment i would rather budget the monthly, if i got a big check i would blow it !

  thanks
 
Reply
#4
(08-09-2016, 10:28 PM)1171 Wrote: whether a settlement is a good thing for you depends on the amount.
you don't need to have a hearing to settle; all they had to do was grab the phone.
your atty will meet with their atty at the hearing and then let you know what they are offering.

you can buy out all your benefits, you can buy out part or you can agree on regular payments and open medical. if you don;t like the deal on one type you can try  another.
sounds like you are equating permanent impairment disability payments and/ or wage differential with a "settlement"?
if so, then yes you can get just the permanent disability payments and leave your medical open.
most private health insurers will not pay for a work injury.
basic information on permanent partial disability and wage differential benefits here
http://wcc.state.ct.us/download/acrobat/...-guide.pdf

since you are on medicare any settlement that includes $$ for future medical treatment will likely go into a Medicare Setaside Agreement that has to be used before Medicare will pay for work injury treatment.
your social security payments will also be affected by any work comp settlement income
https://www.ssa.gov/pubs/EN-05-10018.pdf

Thank you for the helpful info,               

I was not ever expecting this i thought they were done with me unless i needed a Doctor.
With my pension and SS i am about 80 percent of my average income before my injury.
are you saying they will have to pay the 20 percent to make me whole? that would be nice.

i wonder why the informal hearing when they could call.

can anyone give have an example of why i should settle and why i should not ?
i would prefer a fixed payment monthly if i have a choice . i do NOT want a lump payment i would rather budget the monthly, if i got a big check i would blow it !

  thanks
 
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#5
SORRY FOR THE DOUBLE POST, MODS PLEASE DELETE ONE. THANKS
 
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#6
I have no idea how much your settlement will be or what your permanent impairment level is.
you should accept your impairment benefits because you will likely not be able to earn as much as you did before the injury and it will make up some of what you lost.
you should refuse your impairment benefit because you want the insurance company and your employer to have more money.
most attys want a lump sum buyout although it will be less work fot them to just accept the additional disability payments.
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.
 
Reply
#7
it duplicate posted for me as well.
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.
 
Reply
#8
Ok, Thank`s for the advice

of coarse i would want the money rather than let them keep it, even pain meds would not screw that decision up lol.

I just am surprised and pleased i did not expect anything more.
i always thought i could not settle without giving up my medical bills being paid.

if future med bills get paid and i get money. well yeah, im losing 25k a year of would i made before i got hurt. and that is not including promotions and raises, multiplied by the years left in my life adds to a lot of money.

But now i have another thought. If Social Security will be offset then am i increasing my monthly income still ?
Thanks
 
Reply
#9
You are entitled to additional permanent disability benefits as well as continued treatment for your injury.
Yes, as the link explains your work comp disability payments "settlement"-will be treated as income.
The carrier likely wants to buyout of the treatment as well..
You should probably talk to your atty a bit more about your work comp benefits; shouldn't, have big surprises when you're paying an expert to help you........
What else don,t you know?
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.
 
Reply
#10
My representation is a family owned law firm in CT,   specializing in work comp, and a great reputation with state employees  .  I am a state Employee or was ! lol.  the firm has not missed a thing.

My original date of injury was 2009
never went a week without a check,by  march 20012 i had my pension and SS.

I remember him saying we will never settle i could have it wrong tho.  , i ididnt think about it any more.  Then 4 years later WC wants to settle.

I came here to the forum out of curiosity of what is next.  the hearing is next week i will talk to my attorney then.

                                            thanks
 
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