I am just shooting in the dark here, but does your attorney mean that your past employer did not pay their WC insurance premiums? Or, that your premiums were up? I know that there is a time line that must be met with WC and claims.
You are in a sticky spot. If you take a settlement, at least where we live, then you have to pay back welfare and that if from the total not from the amount that you get after taxes and 40% to your attorney. Where we live, they take the amount of the settlement and figure out how much a month you were to get in welfare benefits and divide it out and then take away that many months from your grant and your future or past.
Also, where we live, there is a time period of only two years that a person can receive state aid. Settlements pretty much eat up that two years.
You might want to discuss this with your state case worker, not your attorney because it sounds like he just wants you to settle. He won't give you the true skinny on the state aid (welfare).
Can you move your claim from welfare to SSI? or get a part time job and receive child support? Working helps center you and helps with the depression. Do you qualify for SS? Disability?
These are all things that you have to check out before accepting any settlement.
I have a friend who is disabled and has rent assistance, food stamps, a nurse that comes in, free yard and house work, and all medical/dental paid by the state. I am not saying that this is the way to go, but if you are disabled, then one has to do what one has to do.
Do you have enough quarters in for SS?
I know that all of this is really frustrating and frustration leads to depression and depression leads to more pain. It is an endless spiral. It is the job of W/C to wear you down. It is the job of their attorneys to get you to take the least that they can get away with even though you worked and paid WC insurance.
The injury is five years old and they have not done a fusion? Usually, that is the first thing that they offer right after PT, shots, and meds. They want you fused and back to work. Fusion is the last option. That should have been offerred a long time ago.
Won't state aid (welfare) pay for your prescriptions and such? My friend received better care than we do with our private insurance.
just a few thoughts,