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Kentucky Worker Comp Settlement Question
#1
Greetings, all!

I was injured around 15 months ago in a workplace fall. I’m a courier and travel to our company’s clients buildings and perform services for them. At one of our clients buildings I slid in the mud and fell on my leg. It bent backwards behind me and did it’s Rice Krispies impressions of snap, crackle, and pop. I was three hours from my home and work main office so I drove back and went straight to the ER.

They did an x-ray, put me in a boot and sent me home to come back and see a doctor in a few days. I missed work for 4 days and finally saw a doctor who kept me off work for close to two months. I had an MRI done and was informed I had a meniscus tear in my knee along with two fractures in my ankle.

My companies worker’s compensation insurance was very accommodating to me and didn’t deny me anything. They were actually a joy to work with. My checks were sent on time and no doctors appointments were denied. I was released to go to work by my doctor after two months and he told me I would need a knee arthroscopy surgery to repair it. I worked for around 3 months then had the surgery, missing another two months for recovery.

I had two different doctors, one for my ankle and one for my knee. The doctor on my knee gave me a 4% impairment rating but my doctor for my ankle declined to give me one. The WC insurance sent me to a IME and he agreed with the 4% but he also wouldn’t give me a rating for my ankle.

With his information in hand, the WC insurance offered me $6,200 to close out vocational rehabilitation, my right to re-open, and Full and Final Indemnity. I asked for an offer where I keep my right to re-open and vocational rehabilitation and was offered $4,600.

I was looking at countering this offer and was wondering if it would be a waste of time and this is what I get. I spoke with a local attorney and he told me to ask for the settlement without giving my my right to re-open and told me not to give that up.

My knee still locks up once a week or so and pops, but doesn’t hurt. I’m worried about a knee replacement surgery later on. Not saying I feel like I’d have one but just the thought of it maybe happening.

Looking for suggestions, thoughts on how to counter offer, and I can answer any additional questions.
 
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#2
I wouldn't,t counter. You can File for a hearing and let the the court award you disability. The award will keep med and rehab open.
They won,t want a hearing and will make another another offer to stop it.
At that point you can decide what to do.
Having a court date keeps "the ballin their court."
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
(04-01-2018, 09:09 PM)1171 Wrote: I wouldn't,t counter. You can File for a hearing and let the the court award you disability. The award will keep med and rehab open.
They won,t want a hearing and will make another another offer to stop it.
At that point you can decide what to do.
Having a court date keeps "the ballin their court."

Interesting and thank you.

Do you think the offers they sent me are too low? Any idea what an appropriate number I should be looking at getting?
 
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#4
Case value is based on the evidence. I can't even guess at yours.
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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#5
(04-01-2018, 10:35 PM)1171 Wrote: Case value is based on the evidence. I can't even guess at yours.

Besides medical files and related, what other evidence? I have two witnesses who saw the accident, on a security camera, but they saw it none the less. I don’t have the recording of it but the guys that work there went back and watched it happen.
 
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#6
You think I have your file?
This is a public message board and has nothing to do with any states comp system.
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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#7
(04-01-2018, 10:59 PM)1171 Wrote: You think I have your file?
This is a public message board and has nothing to do with any states comp system.

I mean, what evidence besides medical files can go into a file usually? This is my first dealing with worker’s compensation and any type of situation like this so I’m just curious as what can be used as evidence.
 
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#8
Depends on the issues. Not all cases are the same.
Disability payments are based on wages.
Your employment and earnings history.
Medical history.
If you are due mileage, your location and that of the treatment facilities.
Everything necessary to document what benefits have to be paid out, how much, and when.
Verification of when you were working and when you weren't.
If you are due voc rehab, you eligibility factors. Thats just a few items. Each case varies.
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
#9
Glad you got your questions answered.
Thanks for posting.
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
I have a bit of a follow up question.

My company has switched workers comp insurance companies. The one I’ve been dealing with is out of California. Is this an issue? Will they be harder to deal with now?
 
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