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Message
Workers comp injury question (closing the case)
Posted on 6/25/14 at 3:22 pm
Posted on 6/25/14 at 3:22 pm
My future bride fell at work and broke her leg back in Jan. After months of therapy the Dr has told the WC people that she's as medically recovered as she's going to be and deemed her to have a "5% disability."
The WC case worker told her to "settle the claim" they were going to pay her $2400 for any "vocational" loss the disability were to cause.
We like to exercise and walk (or we did before the injury) and she still isn't to where she can resume that yet without her leg swelling and considerable pain afterwards.
I'm not looking for an ambulance chaser type of deal here but $2400 in compensation for loss of part of her lifestyle for the rest of her life is an absolute joke in my opinion.
Anyone had any experience with this sort of thing? Should we talk to a reputable atty? Thanks for any input.
The WC case worker told her to "settle the claim" they were going to pay her $2400 for any "vocational" loss the disability were to cause.
We like to exercise and walk (or we did before the injury) and she still isn't to where she can resume that yet without her leg swelling and considerable pain afterwards.
I'm not looking for an ambulance chaser type of deal here but $2400 in compensation for loss of part of her lifestyle for the rest of her life is an absolute joke in my opinion.
Anyone had any experience with this sort of thing? Should we talk to a reputable atty? Thanks for any input.
11
Posted on 6/25/14 at 3:24 pm to bamarep
quote:Oxymoron....
reputable atty
Posted on 6/25/14 at 3:36 pm to bamarep
quote:
but $2400 in compensation for loss of part of her lifestyle for the rest of her life is an absolute joke in my opinion.
well what do you think it is worth?
Honest question... How specifically did she fall? Because an attorney will likely be looking to do a third party action over to get the the employers liability policy.
This is because you lose the right to sue your employer for the protection of WC.
Posted on 6/25/14 at 4:01 pm to bamarep
Just counter to whatever you think is a fair settlement and see what they say. Just because they're ready to settle, doesn't me they will anytime soon. You control that. It can remain open as long as it you allow it.
But I wouldn't get an atty involved yet, b/c then you're giving away 25% off top there.
But I wouldn't get an atty involved yet, b/c then you're giving away 25% off top there.
Posted on 6/25/14 at 4:18 pm to bamarep
As far as still being in pain she can go to her own Dr and get a 2nd opinion. WC does not have to pay for it though.
As for settling, never take the first offer on anything. If you don't have to have the money right now just play it out. The longer it goes on the more money they will offer you to settle.
This might help you out a little
As for settling, never take the first offer on anything. If you don't have to have the money right now just play it out. The longer it goes on the more money they will offer you to settle.
This might help you out a little
Posted on 6/25/14 at 4:43 pm to NbamaTiger90
quote:
As far as still being in pain she can go to her own Dr and get a 2nd opinion. WC does not have to pay for it though
Depends on state law, in Louisiana you have the right to see your own dr and WC is responsible for paying it; however you are only allowed the choice once per specialty
to the OP - are you seeing your dr or the "company" dr, might want to see your personal dr if you are not
Posted on 6/25/14 at 6:25 pm to bamarep
Not a fan of attorneys, but $2400 is a serious low ball offer for this case. I would dispute the maximum medical improvement claim. I would see a personal (not wc provided) ortho doctor, physiatrist, and a physical or occupational therapist who specializes in lymphedema.
Sounds like a six figure plus settlement to me, if she's going to have edema after walking for the rest of her life. Are we talking about a trace amount of swelling or pitting edema?
Sounds like a six figure plus settlement to me, if she's going to have edema after walking for the rest of her life. Are we talking about a trace amount of swelling or pitting edema?
Posted on 6/25/14 at 7:16 pm to bamarep
What were the circumstances of her fall?
Posted on 6/25/14 at 7:16 pm to Ric Flair
thanks for the input. no, when it swells it swells pretty good. the Dr they made her use is a good one that we've both worked around but we're still going to get a second opinion.
When she fell it was during a snow storm. They made then come in even though most of the city was shut down, then just turned around and told them to close early. She was just going through the normal daily routine to close and went outside to empty some waste and slipped on the snow and ice.
When she fell it was during a snow storm. They made then come in even though most of the city was shut down, then just turned around and told them to close early. She was just going through the normal daily routine to close and went outside to empty some waste and slipped on the snow and ice.
Posted on 6/25/14 at 7:17 pm to bamarep
just wait till her leg heals
This post was edited on 6/25/14 at 7:18 pm
Posted on 6/25/14 at 7:29 pm to bamarep
Document everything. Do not take the 2400. Get an attorney ASAP. Stop worrying about whether or not people think you or your attorney are ambulance chasers. This is what workmanship comp is. If you want to be compensated appropriately, get a good lawyer.
Posted on 6/25/14 at 7:34 pm to Enfuego
Do not settle the medical ever. You do not want to give away your rights if some other medical problem develops over the injury. You may never have another dollar of medical bills but don't sign away your rights to recover medical expenses in the future if the injury causes some more problems.
As an employer I can tell you WC is stacked against employers and it is just not fair.
I wish employees carried they own WC and the employers had to reimburse them. That would give both parties skin in the game. If the employer has a history of injury in his workplace the employee's coverage is going to be much higher and the employer will be paying more. By the same token a known WC fraud will have a very high rate and employers would be unlikely to hire them.
As an employer I can tell you WC is stacked against employers and it is just not fair.
I wish employees carried they own WC and the employers had to reimburse them. That would give both parties skin in the game. If the employer has a history of injury in his workplace the employee's coverage is going to be much higher and the employer will be paying more. By the same token a known WC fraud will have a very high rate and employers would be unlikely to hire them.
Posted on 6/25/14 at 7:53 pm to I B Freeman
I am 2% cueto falling dislocating my arm, surgery, and now I fell like I used to and I got 15k without an attorney from WC. There's a book and they are low balling you
Posted on 6/25/14 at 8:48 pm to Ric Flair
6 figure settlement? 
no chance
no chancePosted on 6/25/14 at 8:50 pm to I B Freeman
quote:
As an employer I can tell you WC is stacked against employers and it is just not fair.
Posted on 6/25/14 at 9:15 pm to NbamaTiger90
(no message)
Posted on 6/25/14 at 9:20 pm to bamarep
Before i bash Nbamatiger for posting an Alabama "cheat sheet" in a system that changes dramatically state to state...... what state is she in?
Posted on 6/25/14 at 9:21 pm to Mr.Perfect
Thanks again for all the input. We get married Saturday and then I'll be able to speak for her. She's so non confrontational and just doesn't want to cause any waves with her employer. I think I may call the case worker when we get back from our honeymoon and request her complete file and tell the lady to call us when she's really serious because if her Dr (THEIR Dr) is telling her its as good as it's going to get then what they just offered isn't even close.
Posted on 6/25/14 at 9:26 pm to bamarep
The whole "their doctor" thing is blown out of proportion here
In reality there are two types in the comp system. .. 1)doctors and 2)doctors that help habitual claimants fraud the system
What state was the injury in?
And
on the wedding.
In reality there are two types in the comp system. .. 1)doctors and 2)doctors that help habitual claimants fraud the system
What state was the injury in?
And
on the wedding. Posted on 6/25/14 at 9:30 pm to Mr.Perfect
Thanks brah, outkicked my coverage by a long shot. It was in Alabama. The Dr part of it is really irrelevant IMO, he's with the most reputable ortho firm in central Al and the group she would have chosen anyway. She's in radiology so it's not like she's an idiot about this kind of thing.
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