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Dealing With Workers Comp..Need Advice

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Old 02-04-2005, 02:57 PM   #1
Join Date: Jan 2005
Posts: 58
Shakespeare HB User
Unhappy Dealing With Workers Comp..Need Advice

For those who have rread some of my posts you know that right now I am dealing with a HUGE amount of pain and new symptoms that are at the very least agrravating. Today I received the breakdown for the low-ball offer of settlement from Workers Comp. I won't say the amount beacuse I am told that is a no-no but I used to make more than that in a year working!!

I have an attorney so I called him right away.. my question is this.. He said that the settlement is based on the fact that the premiums fro my ex employer ran out in 2004 and if I do not take this discusting. insulting amount they will not be aobligated to ever offer me another settlement again.

This is the first time I have ever dealt with w/c so I don't undestand what the heck he is talking about. I want my medical and perscriptions to be covered because my regular insurance (WELFARE) will not be able to cover the type of care that I need.

It is my ex-employer and w/c fault that I am on WELFARE because I have never gotten any payments in 5 years even though I am listed as Temporary Total and have not been released to work!

My children have not figured out how to survive on just air so I had to do something!!! I even got a part time job for the eight month trial period that my doctor wanted me to work to see if I could handle a job!!

I did everything they asked, went to every IME, jumped through every flaming hoop and basically they are telling me to get lost.

I have herniated discs l3-l5/s1 and have major depressive disorder. When theis stupid settlement stuff started they quit paying my psychologist so I cannot see the one person I REALLY NEED right now.

Sorry I an ranting but I am so frustrated and don't understand half of what the lawyer was saying about the deadline for my ex-employers premiums and all that stuff and that really makes me feel powerless.

All this and the new stuff too. Went to the ER. They found a UTI that I did not have symptoms for that was really bad. They also are referring my to a new NS and ortho and a PM doc but it will be a few weeks before I know if they will see me. So in the mean time I am maxing my meds and holding on by a thread.

Anyone with any advice, I would surely love to hear from you.

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Old 02-04-2005, 05:34 PM   #2
injured betty
Join Date: Feb 2004
Posts: 2,137
injured betty HB User
Re: Dealing With Workers Comp..Need Advice

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,

Old 02-04-2005, 07:13 PM   #3
Join Date: Feb 2005
Posts: 7
Jillians HB User
Re: Dealing With Workers Comp..Need Advice

First of all why are you not being paid? Your attorney should be handling that. If you were injured at work you should be getting paid. Second, there is no reason for you to settle. Your settlement is based on what you were paid at your job and what your disability rating is. Don't settle. Measly amount or no, it is better to get all the care you can possibly get before you settle. Just because they want to does not mean you have to! Your attorney needs to take them to the workers comp appeals board and get you back pay by proving you are disabled. I also suggest you apply for Social Security Disability. It takes a few years to get, but it is worth the fight. They have to pay retroactively as well. Have you tried applying for State Disability at your local EDD office? Work Comp is hellish at times, I know I deal with it too. Good luck, JILL

Old 02-05-2005, 08:01 AM   #4
Join Date: Jan 2005
Posts: 58
Shakespeare HB User
Re: Dealing With Workers Comp..Need Advice

Thanks for the advice. My Attorney seems to be against my withdrawing from the settlement. This is the first time I have even seen the offer. I think its time to get a new lawyer. I know this may cause problems but I really need to feel like I am in control of this thing. I have never applied for SSI or anything like that because my lawyer keeps saying to wait till all the workers comp stuff is over. I think he may not know what the heck he is talking about.

He also told me that no one ever gets med covered past the date of settlement. I know that is bull.

Again Thanks. I will keep trying.

Old 02-05-2005, 09:15 AM   #5
Join Date: Dec 2003
Location: Missouri
Posts: 374
Kayley HB User
Re: Dealing With Workers Comp..Need Advice

You are being told the exact same thing I was told by my work comp lawyer "Wait till this is over till you apply for SS". Well, I went ahead and applied for SS anyway and hired a new lawyer for it and won. I am still waiting for my work comp, so if I had listened to his advice, I would still be waiting. My advice is to hire a lawyer that deals ONLY in Social Security because they are more experienced. Good luck!

Old 02-05-2005, 07:16 PM   #6
Join Date: Feb 2005
Posts: 7
Jillians HB User
Re: Dealing With Workers Comp..Need Advice

Hey of course your attorney wants you to settle! He wants his/her money. They don't get paid enough. Get a new one, this one does not sound like he is giving you the right advice. I don't think I am ever going to settle if I don't have to. I had a really great attorney who was really honest, but she passed away. She was a spitfire and she won in court for me because she did her research, knew the laws inside and out and people were afraid to mess with her. That is a rare find in the work comp system. She told me not to settle with future medical. Here is why...The insurance company will deny you on whatever basis they see fit and there is no one there to fight for you. Work comp attorneys get paid so little that once your settlement is over they aren't gonna go to bat for you! Don't settle. Are you done completely with all treatment? Think of the future. I have not settled because my first surgery was a failure. I went to an AME and he agreed with my surgeon I needed to be stabilized more. A year later when I came back to the AME I still had not had my surgery because I no longer trusted my surgeon who botched the first one. Well the AME didn't like that, but tough cookies. I am now looking for the proper surgeon and it took another year just to get me stable on meds so I can wipe my own behind. I am 34 years old and still have not had children. I need to have my back fixed well enough so I can. Talk to another attorney and tell them what your story is, why you don't want to settle and what your attorney is doing to you now. Make sure you get all the care you think you could possibly need. JILl

Old 02-06-2005, 01:54 AM   #7
Senior Member
Join Date: Jan 2005
Posts: 231
misery HB User
Re: Dealing With Workers Comp..Need Advice

Hi Shake,I totally agree with everyone who posted!!They are def trying to hose you,start applying for everything.It takes so long toget it that you might as well start know!!And get that x of yours to start paying support they are his kids to.
I'm gald that you got to the e.r. Are they able to treat what happened?
I do hope that you are feeling a little better you were in such tough shape at your last post.
I do think that you should find another laywer this guy sounds like he just doesn't care,I hope that you don't take this settlement!Take care my prayers are with you!!!!Heather

Old 02-06-2005, 03:06 PM   #8
Senior Veteran
Join Date: May 2003
Location: Indiana
Posts: 1,186
jdlfmc HB Userjdlfmc HB User
Re: Dealing With Workers Comp..Need Advice

I settled with WC and have applied for SS and have been told by SS that the amount of my settlement will be deducted from my SS.Also if you change attornies you need to be cautious as the att. you have now may still be entitled to part of any settlement you may take.

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