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settle now or later?
#1
Hi everyone, I'm new here. I am so happy to have found this forum.
I have to decide first, if I want to settle now and not get future medical help or 2nd wait and get the surgery then settle. But then there is the financial issues, I've sold many things already its gone to bad to worse.

I was told by my doctor that" I can settle now and then make sure I don't sell out my future medical." but now my attorney is saying I can't have both. I would really love to hear you 5 stars opinions. I have 3 bulging disks, a tear on my right labrum and I am hearing mechanical poping when I try to lift my leg up. I am not going to have a spine surgery thats a final decision, I've seen too many people go from pain to worse pain and addicted to drugs. Also wanting to know what kind of settlement I should be getting, knowing that I will never be the same and will get worse. Can't sit too long, and can't walk too far, pain comes and goes and sometimes I can't walk at all. Can't drive too far, pain hits my lower back and my knee starts to hurt severely, ankle is also very weak. Help!! any suggestions?
 
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#2
2 Things Tony: # 1 Your State is Paramount for Correct Info., and #2 if it can be Proven that Surgery can Help You, and You Decline, w/c can Close Your Case if a Judge Approves the Closing for You not wanting to Accept Approved Medical Care to Help Yourself. Should that Happen, there will be No Settlement, and You will be Left with Your Injuries. Are You Receiving any w/c Monetary Payments? And how long has it Been since Your Initial Injury? Answering Those Questions along with Your State will Help Us Help You!!Wink
 
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#3
california comp law allows periodic disability payments based on your rating and open medical care for your injury.
other states have other restrictions so your atty is probably correct for what's available for your state.
does your state use impairment rating?
wage loss?
or a combination?
each has their own method of computing additional benefits once recovery is complete

settlements are different depending on what benefits are being settled.
it's difficult to give advice/information if neither you nor I know what benefits and options are available to you.
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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#4
As limbo put it more info would help and getting the right medical treatment is very important. It sounds like you are living in allot of pain now and without any treatment I would say that is only going to get worse. If there is treatment out there now and the doctors's are saying it will help but you just don't want it then they are going to ask to drop you. You do have a right to medical care and a right to decide what they do to you but if you refuse normal care you could be on your own. Trust me you don't want to take on those medical bills even if you have a job with insurance, they might not cover what you need because it will be from a WC case and pre-existing. I will say a prayer for you and hope you can find help with your pain. WC can be a long lonely road and there are folks here that can help. Just don't be in a rush thinking you are going to get a nice pay check from them and worry about fixing you injury later. Most injuried works NEVER get back the money they lose once they have been hurt
 
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#5
Still in Limbo Wrote:2 Things Tony: # 1 Your State is Paramount for Correct Info., and #2 if it can be Proven that Surgery can Help You, and You Decline, w/c can Close Your Case if a Judge Approves the Closing for You not wanting to Accept Approved Medical Care to Help Yourself. Should that Happen, there will be No Settlement, and You will be Left with Your Injuries. Are You Receiving any w/c Monetary Payments? And how long has it Been since Your Initial Injury? Answering Those Questions along with Your State will Help Us Help You!!Wink
 
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#6
Still in Limbo Wrote:2 Things Tony: # 1 Your State is Paramount for Correct Info., and #2 if it can be Proven that Surgery can Help You, and You Decline, w/c can Close Your Case if a Judge Approves the Closing for You not wanting to Accept Approved Medical Care to Help Yourself. Should that Happen, there will be No Settlement, and You will be Left with Your Injuries. Are You Receiving any w/c Monetary Payments? And how long has it Been since Your Initial Injury? Answering Those Questions along with Your State will Help Us Help You!!Wink

Thank you so much for your input,God bless you, I am in California. My doctor told me that I can settle my case and still get a lump sum. I am receiving w/c checks not much ,I am a single parent we are struggling. It has been since [b]11/20/08, l yr 3 months. So, I just learned in CA there is only 2 ways to settle, 1.) compromise release 2. Stipulations & Award. Base on what you guys are telling me its best to do #2.

I do want to have surgery on my hip at least I know about the procedure that they can remove the synovial fluid around the socket of the hip and replace it with synthetic fluid. Do you know of other procedures, But I do not want anybody to touch my spine, my sister is going through that nightmare 12 yrs. now.
 
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#7
Wink

you can only settle and buyout all your benefits if you and the carrier agree on a price. If the carrier doesn't want a buyout (C&R) then an award with open medical is the only option.
your Temporary disability payments should be 2/3 of your gross pay (subject to a cap) and very close to your take-home wages.
permanent disability has a lower cap and is only intended to supplement a return to work within your restrictions once you are permanent and stationary.
surgeries, in general, are fraught with potential complications so in those cases, open medical is often the best protection and has the least long term financial risk.
if the hassels of getting approvals thru the MPN and Utilization review process aren't too great agree on a PD rating and stipulate (it also gives you the option of changing your mind later on the back surgery.)
(you can request that some or all the PD be paid up front rather then in bi-monthly amounts...)

if you are permanent and stationary you should not get worse.

you can also do a C&R buyout later even if you have finalized with a stipulation earlier.

there is a 3rd type of finalization: go to trial and get an award issued by the comp court.
Smile
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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#8
Rolleyes 
(03-03-2010, 06:55 PM)toni Wrote: Hi everyone, I'm new here. I am so happy to have found this forum.
I have to decide first, if I want to settle now and not get future medical help or 2nd wait and get the surgery then settle. But then there is the financial issues, I've sold many things already its gone to bad to worse.

I was told by my doctor that" I can settle now and then make sure I don't sell out my future medical." but now my attorney is saying I can't have both. I would really love to hear you 5 stars opinions. I have 3 bulging disks, a tear on my right labrum and I am hearing mechanical poping when I try to lift my leg up. I am not going to have a spine surgery thats a final decision, I've seen too many people go from pain to worse pain and addicted to drugs. Also wanting to know what kind of settlement I should be getting, knowing that I will never be the same and will get worse. Can't sit too long, and can't walk too far, pain comes and goes and sometimes I can't walk at all. Can't drive too far, pain hits my lower back and my knee starts to hurt severely, ankle is also very weak. Help!! any suggestions?


Hi tony glad i found this page but regarding to the settlement.I am going through the same thing have injured my back and have severe lower back pain and goes into my leg and my feet go numb.It does'nt matter about how bad you are or how worse you get i was told u dont get rich off from comp.I have'nt been on comp for a year and they already want to settle with me.And if you do take or agree to a settlement you will not get any help from them that will be it and they will not cover your medical.So it is a no win here.And i have had nerve blocks and they have not helped and i will not have back surgery because i know people that have had it and it did not help them. I cant walk very far and i also cant stand or sit for very long.So i know what you are going though it is tough and very painful.And another thing i will not take pill for the pain so i suffer
 
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