Louisiana Worker's Compensation - Help For Injured Louisiana Workers

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  1. #1
    Join Date
    May 2007
    Posts
    408

    Default Advice on Settling With Workers Comp

    I injured my back in sept. 2003 and started receiving WC pay. I was declared totally disabled in March 2006. I started receiving SSDI monthly and WC pay continued. I received my back pay etc. with no WC offset because of my Earnings. WC is now wanting to settle out. I had bigtime back surgery in Jan. 2006 and I currently go to Pain Management monthly where I receive my Narcotics and other medication for my chronic pain. I am scheduled for a Facet block May 15. My point is I am a man who lives with Chronic pain and I need advice on the bast way to settle with Workers Comp. of Louisiana. I am talking about future medical, the best alternative for settling out pay etc. etc.
    I do have a lawyer, the same one I had for my SSDI case. He got 33% of my back pay but I am not crying about that because I had to have him. What do I need to look for to make sure I settle correctly finacially and medically? Should I go for a lump sum or what is best when dealing with Social Security? I am 49 years old.They did not get a offset originally but will a lump sum cause me problems with my SSDI?
    Thanks for info. and advice in ADVANCE.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Need advice on settling out with WC

    before evaluating any settlement you should get a life care plan and review your potential obligations to medicare
    here's a sample plan:
    http://www.lifecarewriter.com/sample.pdf
    here info on a Set-Aside account
    http://www.cms.hhs.gov/WorkersCompAgencyServices

  3. #3
    Join Date
    Nov 1971
    Posts
    178

    Default Re: Need advice on settling out with WC

    Why isn't your doctor going for Total Permanent disability? WC would have to pay you for life and keep medical open.

    Lawyers push clients into settlements because they make their money that way. A permanent total, at least here in Massachusetts, doesnt' earn a penny for the lawyer. The pressure can be tough, but stand firm. You are permanently disabled, buddy, don't get screwed. You can get comp. for life and SSDI to equal 80% of your former pay.

    Don't settle for anything less than you deserve. Believe me, I settled my case to get medical care, have permanent nerve damage from my surgery, cannot work, am on SSDI and have NO recourse. Don't settle; you will regret it for the rest of your life.

  4. #4
    Join Date
    May 2007
    Posts
    408

    Default to massrn and other who can help

    I just received word that WC was wanting to settle. They wrote my lawyer and said that. My lawyer told me he just started reviewing everything. We are in the very first stages of a possible setllement.I do not know what WC is pushing for as far as total disability goes. I am totally disabled, receive SSDI, and am currently still receiving Workers Comp pay and benefits. I have been tied up in a lawsuit with WC and this suit has come to a end so WC is just started talking to my lawyer about a settlement. No one has even discussed my disability rating but the Fed. gov. found me disabled. I do not know what to expect from here but maybe this puts a little more light on the subject. I have been on WC for 3 1/2 years and declared disabled in 2006 by Federal Gov.(SSDI)
    Will they settle out with total disability since the feds found me disabled? I was told years ago by a WC Doctor that If I thought WC was hard to deal with wait till you try and get SSDI. Well I got SSDI and now I wait to see what WC does. This is where I am asking for advice and info. Will a lump sum affect my SSDI or what is best in this area. I currently receive Full SSDI pay. My pay was not adjusted by the 80% rule because my salary average was high enough that did not affect me. What is the best way to settle so that it does not interfere with SSDI pay?
    Like I said, I have only just begun but I would like any info. or advice.
    Thank you

  5. #5
    Join Date
    May 2007
    Posts
    408

    Default Re: to massrn and other who can help

    Also I would like to say that Workers Comp. never questioned my injury; They never have stopped paying me or meeting my financial needs medically.The problem I had was being refused treatment that my Doctor requested by a WC doctor 3 times. WC won out and I personally think I suffered dearly for it.

  6. #6
    Join Date
    Dec 2006
    Location
    Pa.
    Posts
    929

    Exclamation Re: Need advice on settling out with WC

    Being totally disabled and on SSDI does not by any means say that w/c is going to find you totally disabled. It holds no bearing on your case. I know, I'm going through the same thing. Your attorney when he goes over your case will let you know what you have to do for SSDI as far as a lump sum settlement goes. If they want to close Medical, you will have to pay a Medicare set-aside from your settlement, meaning w/c will pay up to so much a year then Medicare takes over. The attorney will also have to speak to you about the Utica-Mohawk clause to lessen the amount taken from your monthly SSDI check. There's a lot to go over! SSDI uses a different set of rules when disabling someone such as age, entire medical history, past family history, etc. and the list goes on. W/c only looks at your injury, that's why even though you are disabled through SSDI you may in fact not be totally disabled by w/c guidelines. I hope this helps and Best of Luck!!

  7. #7
    Join Date
    May 2007
    Posts
    408

    Default Re: Need advice on settling out with WC

    Quote Quoting Scar Tissue View Post
    Being totally disabled and on SSDI does not by any means say that w/c is going to find you totally disabled. It holds no bearing on your case. I know, I'm going through the same thing. Your attorney when he goes over your case will let you know what you have to do for SSDI as far as a lump sum settlement goes. If they want to close Medical, you will have to pay a Medicare set-aside from your settlement, meaning w/c will pay up to so much a year then Medicare takes over. The attorney will also have to speak to you about the Utica-Mohawk clause to lessen the amount taken from your monthly SSDI check. There's a lot to go over! SSDI uses a different set of rules when disabling someone such as age, entire medical history, past family history, etc. and the list goes on. W/c only looks at your injury, that's why even though you are disabled through SSDI you may in fact not be totally disabled by w/c guidelines. I hope this helps and Best of Luck!!
    I am currently on my wives insurance plan and they will take over when WC is settled. I do not pay SSDI for the other insurance for doctors visits etc. I have a waiver from SS because my wives insurance is my primary carrier. So I guess we will have to work out the medical settlement with my wives insurance for the difference in deductbles, co-pays, etc. I now realize that all I can receive between the two is that 80% offset which I have dealt with once when I received back pay from SSDI. They got nothing there on the offset; I was fortunate. Do they figure in yearly cost of living adjustments when offseting your salary? If WC offerd me a big settlement should I use there monthly income over SSDI since WC is tax free? For instance, if I could draw 3000 a month for 16 years from WC and this was my offset max. could I draw this and resume SSDI after this or is this possible?

  8. #8
    Join Date
    Dec 2006
    Location
    Pa.
    Posts
    929

    Lightbulb Re: Need advice on settling out with WC

    If you settle with an annuity that is going to pay you three thousand a month, and that is or exceeds the 80% SSDI income, you will not receive monies monthly, but you will still be able to take advantage of Medicare. I hope this answers your question, and have a Great Day!!

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