workers comp. settlement.caculation

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Latest post 05-03-2011 9:06 AM by jon32671. 6 replies.
  • 04-28-2011 5:33 PM

    • jon32671
      Consumer
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    • Joined on 02-14-2011
    • PA
    • Posts 10

    workers comp. settlement.caculation

    I been hurt at work in 2003..had major back operations..recieved workers comp from 2003 to 2007..Went back to work in 2008 on my own,in a light duty job never had any problems with workers comp on anything with my injury. I just recieved a letter the other day that workers comp insurance company wants to resolve the whole issue and settle. I never did settled my comp case, i still use the the medical. If i decide to take a settlement with them how do i figure out whats right in a settlement offer. I still do suffer from the back injuries and never will be 100% again. I never did hire a lawyer as i didnt have to, workers comp worked with me great. So for me hiring a lawyer right now dont make sence and pay him 20% just to settle the claim..So how would i figure out a decent settlement?..is there a settlement calculater i can use?..thanks

  • 05-02-2011 7:37 AM In reply to

    Re: workers comp. settlement.caculation

    There is no "settlement calculator."   Ever case is different, and that is why professional advice is important.  Attorney fees can sometimes be negotiated, especially if the lawyer's role is limited to the settlement process.  In addition, it should cost you nothing to simply speak with a lawyer.

  • 05-02-2011 8:03 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,497

    Re: workers comp. settlement.caculation

    How old are you?

    How well does the light duty job pay , especially in relation to you prior job--and are they any significant  benefits/pension differences as well?

    Whats the possibilit of being laid off from new job for general business conditions

                                           "                                           for recurring medical issues.

     

    In short if you settle and someting goes "wrong" are you still OK.?  Major back problems have a nasty problem of comming back --and if it comes back later there may not be any place to turn and/or it may not be covered as its a pre existing condition.

    Unless you have a clear understanding of same you best to discuss option and fees with s pro as to WC litigation--you want somebody how has a specific expertise in winning WC issues  not just a lablor law generalist --ask /sort it out up front .

    It can get complex rather quickly --------------and its important that on a sunny day when you are feeling good and work if fine that you not underestimate the issues of a bad day .

    Obviously if you are able to work the insurer has an incentive to want to factor in a partial cure and your economic earing power  and move on.

    Last but not least --double check if any setlement would be taxable or not taxable to you.

    Your post seems to say you are NOT drawing WC pay but you are only getting  medical coverage --in todays wacky medical coverage world I'd NOT want to give up medical coverage w/o extreme care as tothe settlement.

    Your post suggests if you had a recurrance of that back problem you might still be covered by prior WC clam as to pay? 

    I know enought that I would NOT try to sort this out without some skilled help.



  • 05-02-2011 11:38 AM In reply to

    Re: workers comp. settlement.caculation

    Settlement of a workers' comp case in PA can be based on many factors, many of which have already been mentioned, including age, education, work history, medical treatment (past, present and expected future), among other things.  As Fred pointed out, consulting with an attorney will not cost a dime.  Trying to settle your case by yourself, to avoid paying an attorney's fee, would seem like trying to take out your own appendix to avoid paying a doctor.  It just doesn't make sense to me.  This is a complicated area of the law, and a wrong decision could be devastating to your financial future.  

     

    Glenn C. Neiman

    Brilliant & Neiman LLC

    www.bnlegal.com

  • 05-03-2011 8:36 AM In reply to

    • jon32671
      Consumer
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    • Joined on 02-14-2011
    • PA
    • Posts 10

    Re: workers comp. settlement.caculation

    Thanks for some insight, Well im 40 yrs old and the accident happened when i was 32. I have been collecting workers comp wages till 2008 and i been off it since..i'm only using the medical of it till this day.I went back to work in a light duty salesman job versus my old job was construction. As far as pay goes you could say im finally makng the same now as i was before the injury. But that all can change as where im working right now has me on a 3 yr garenteed salary..before i go on 100% commission. So when i go on that commision rate my pay could drop..as if i went on today my pay would be under on what i was making at the time of injury about $125 per week. As of right now im equal to what i was making at the time of injury, due to their 3 yr money garanteed to build you own sales up. \

    Worker comp tried to settle with me on 2 other times but, i refused to take there offers as it was to early to settle in my opinion. I think the time is right now and they are kinda trying to force a settlement on me...As they stated they did a overpayment on some medical bills to the total of almost 5k.. So they stated they have a medical credit in which they would use on future doctors visits with me. They stated to me, that how there going to use the credit will be like say if you doctors treatment bill is $500 for the visit..they will pay $30 for the visit and i pay the rest..another example they used if i had something minor done and they bill was $5000 they would pay $100 and i pay the rest, due to this medical credit they have. So they kind of bent me over the barrel with this credit and i will have have a hard time going to the doctors now..since i cant afford out of pocket expensives like that. Good thing im doing ok right now and no doctors visits are made yet...My back operation totalled $167,000 for my surgery and each doctors visit i go to can add up to be $3000 per visit if the do mri's and etc..So with this dirty medical credit they have that they caame up with 3 weeks ago..its like there blocking doctors visits for me and trying to settle...

  • 05-03-2011 8:53 AM In reply to

    Re: workers comp. settlement.caculation

    You really need to get in to a lawyer.  It is not uncommon for a workers' compensation insurance carrier to get a credit when there is an overpayment of wage loss benefits (depending on the circumstances) but a credit on future medical treatment (unless there is a lien from a personal injury case, calculated using a Third Party Settlement Agreement) would be very unusual.  It sounds like they may be taking advantage of you.

     

    Glenn C. Neiman

    Brilliant & Neiman LLC

    www.bnlegal.com

      

  • 05-03-2011 9:06 AM In reply to

    • jon32671
      Consumer
    • Not Ranked
    • Joined on 02-14-2011
    • PA
    • Posts 10

    Re: workers comp. settlement.caculation

    It was a medical bill, when i last went to my surgeon for my appointment, my doctor ordered test to be done that day, and the one test they did..workers comp paid for it, but then flat out said the test wasent approved by them. Due to the extreme injury and surgury i had i ha some complications so on one test my doctor wanted to see if the injury caused me to go sterile and everything came back positive and my doctor noted that due to the injury locations. I think once workers comp read his report on what was done and a new finding..they started to deny payments

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