Should I accept the offer?

[Unregistered]

Hello, new to the group. I just found this web-site, for obvious reasons. In 2001 I injured my back and this past January I had a relitivley new procedure done - a complete disc replacement. I now have a titanium disc in my spine. There is not much of a standard regarding this treatment. Today I was offered through my lawyer just over 60k. After his cut I will receive approx. 50k. That is a lot of money, but for 5 years of pain/suffering, spinal injections, therapy, much travel and the INCREDIBLE pain of the surgery, it sure don't seem like a lot. The offer = 25% disability. According to my lawyer, it's "in the ballpark" what I shoudl expect, though the final decision is up to me. If I settle, that closes the book. If I go to trial, then I risk getting more or less while the medical stays open.

Any thoughts/advice/suggestions?

[Unregistered]

I also forgot to mention, my case is in Chicago, IL.

[Unregistered]

With these disks still being fairly new I'd be worried about future medical. Counter offer with $50,000 plus attorney fees and continuing medical. In my most humble opinion the IC should always pay the attorney fees. It's not fair for the employee to have to pay that. After all your the one with the injury and the titanium in your back.

[Unregistered]

im in IL also and i had far less problems then you..and i received just a little over 100,000 i think your lawyer is just trying to get his and run.. just my thought...

[CMJ 1]

Did your lawyer ask you if you wanted it? or did he tell you to take the offer. He has to tell you what is offered to you but that doesn't mean you have to take it. How was his demeanor? Something you want to ask your attorney........ how much will it cost "life time" for medications and medical treatment down the road. They can calculate this. I'm really hoping you have a Board Certified workers comp specialist. Anyway, if this is the first offer I don't think I would take it. You really have to look at the future and how this procedure works for you.

I've been told that I'm a candidate for this same surgery. When did you have it and how are you so far? I know it's new but I've heard good results. This is good but what concerns me is I haven't heard any negative. Hope you don't mind me asking.

[Unregistered]

I feel great (reletive), had the surgery this past January. What Dr. are you going to (if u don't mind). If it's in Illinois, I'm sure it's the same as I.

My Lawyer told me that the offer was "fair", "in the ballpark". I think I'll ask him to go back and try and get more, if not I'll go to trial so my medical will be left open for the medical concerns, future bills. Thanks for your opinion.

[CMJ 1]

Yes, I think you should talk to your attorney about a higher settlement. 60k won't get you very far. You will have medications to take I'm sure and you know how much they are over a long period of time. Since this is a new procedure you don't know what's going to happen down the road either.

I live in NC a long way from you. I've heard good things and it's nice to hear it from someone rather then news reports. I'm glad it worked out for you. At least I will have a little better feeling about this if I have to do the same.

[Unregistered]

If you were 80 I'd say thake the money and run but if your 40 then I'd say get 20 times that to cover for future medicals!

[Unregistered]

Well, I'm only in my 30's - but I KNOW I won't get 20 times that! It'd be nice though!

[Unregistered]

I am also in the Chicago area and have had 3 spinal fusions on my lower back since my w/c injury in 2001. If the company came to me with that insult of an offer I think I would start wondering if I had a capable lawyer. You will only get worse in the future and will need to see a doctor for pain managment and sorry to say " procedures". Think of what you have gone through and then make your decision. If you need the $ now then you are in trouble. If you can wait it out then you will get the best $ offer. Do not take an annuity because your lawyer gets every 5th. mo. check. At least the process of $ has begun for you and make sure ALL the bills have been paid. Be careful when out of the house because you are under the eye of the camera. Even with the surgery they will try to discredit your case. Good luck and WATCH YOUR BACK.......