Workers Comp Settlement Questions

[Heaven on Earth]

I have already consulted all of the web sites and called the DIR and spoken with the information service. I am adept at research.

I communicated directly with my WC agent. What I am hoping is that wacco people who have gone through a Worker's comp settlement WITHOUT a lawyer can help me out by answering the following please. By the way, I have already consulted a wc specialist lawyer twice who said I don't need to hire him to get the same amount of money. What he didn't tell me is this:

FYI - I have had surgery and am done with treatments at this point but still injured.

1. Can I request a settlement proposal from my comp agent?

2. If so, How do I exactly do I request it?

3. I know I will be sent to a QME for permanent injury percentage determination. Do I need to see the QME before requesting a settlement?

4. Will I be REQUIRED to appear in court or can a settlement be proposed out of court.

5. Once I officially accept an offer for a settlment, how quickly can I expect to be paid?

6. I have gone as far as I can go with surgery and treatment at this point, but might need a second surgery (to be determined in the future). How will accepting a settlement with possible future medical treatments included affect my cash offer?

If you can answer one or more of these questions, I would be so grateful. Thanks in advance for your time!

[tomcat]

I'm not sure how it would affect your cash offer, but it seems like a good idea to me to have future medical treatments included in the settlement. Just be aware, they will probably make you fight for treatment in the future by making you prove it's not a 'new' injury, which means lots of doctor visits and delays for approval. They hate to pay out on past claims from what I've seen. Also, if your company switches providers, the old provider will try to say it's a new injury to make the new provider pay and they both fight about it for awhile and leave you hanging. It's not a pretty system. Be careful, and good luck.
Tom



6. I have gone as far as I can go with surgery and treatment at this point, but might need a second surgery (to be determined in the future). How will accepting a settlement with possible future medical treatments included affect my cash offer?

If you can answer one or more of these questions, I would be so grateful. Thanks in advance for your time!

[Jai Bhagwan]

I have already consulted all of the web sites and called the DIR and spoken with the information service. I am adept at research.

I communicated directly with my WC agent. What I am hoping is that wacco people who have gone through a Worker's comp settlement WITHOUT a lawyer can help me out by answering the following please. By the way, I have already consulted a wc specialist lawyer twice who said I don't need to hire him to get the same amount of money. What he didn't tell me is this:

FYI - I have had surgery and am done with treatments at this point but still injured.

1. Can I request a settlement proposal from my comp agent?

2. If so, How do I exactly do I request it?

3. I know I will be sent to a QME for permanent injury percentage determination. Do I need to see the QME before requesting a settlement?

4. Will I be REQUIRED to appear in court or can a settlement be proposed out of court.

5. Once I officially accept an offer for a settlment, how quickly can I expect to be paid?

6. I have gone as far as I can go with surgery and treatment at this point, but might need a second surgery (to be determined in the future). How will accepting a settlement with possible future medical treatments included affect my cash offer?

If you can answer one or more of these questions, I would be so grateful. Thanks in advance for your time!

First and foremost I would highly suggest getting a worker's compensation lawyer. I went through a year long back injury/ recovery 5 years ago. I had originally decided to handle it myself, but then I discovered just how crazy of a process it was. If I would done it myself, I was set to receive a settlement of 15k. With the help of my lawyers (Who I never had to pay out of pocket) I ended up receiving 35k in a settlement. The worker's comp system of doctors and lawyers is very aggressive, and I never would have been able to manage it myself.

Now, to answer a couple of your questions.

Do NOT request a settlement offer. This will most likely be laughable, as in the difference you see above in my settlement.

You will be required to appear in court. Don't forget that worker's compensation lawyers roll their fees into the claim against the insurance company :)

I believe that you are required to see a QME before the settlement, as the rate of compensation is based on the percentage of disability. The language of their reports is confusing at best, but my lawyer helped raise the level of disability from 15% to 38%.

And finally, you are entitled to future medical care. This can be waive, by you, for an increased cash settlement.


Good luck in your healing and your claim.

Namaste