Settlement for Occupational Asthma

[Bartman55]

I was diagnosed with occupational asthma by my Doctor. Said it was caused by my work. Was sent to my employers IME Doctor and was told I had an underlying condition that caused it. My employer wants to settle for $35,000.00. I have a 5 page report written by my specailist that says my work caused my condition. My employer will not put in writing that the wont fight my un-employment and that they'll give me a neutral reference. They do want me to sign off my rights to any future medical payments though. I myself don't think this is a good settlement. I'm willing to go to court. Can anybody help me. By the way this employer fired me after I was out of work for 12 months.

[hubert]

I was diagnosed with occupational asthma by my Doctor. Said it was caused by my work. Was sent to my employers IME Doctor and was told I had an underlying condition that caused it. My employer wants to settle for $35,000.00. I have a 5 page report written by my specailist that says my work caused my condition. My employer will not put in writing that the wont fight my un-employment and that they'll give me a neutral reference. They do want me to sign off my rights to any future medical payments though. I myself don't think this is a good settlement. I'm willing to go to court. Can anybody help me. By the way this employer fired me after I was out of work for 12 months.

not good. you need much more money and keep medical open too.

[SteelMagnolia]

Bartman55, Welcome to the forms for IW dealing with WC. Good to have you. As far as your settlement goes I can't comment as I do not know how severed your symptoms are and what the prognosis is for your future medical situation. Keeping medial open is certainly a good idea if you are expected to have to continue treatment for your asthma.

You need to interview with several experienced board certified WC attorneys. Then you need to decide which one is the right one to represent you with your WC claim. You would do well to also make sure he/she is an experienced trial attorney and won't be afraid to take your case to trial if it becomes necessary. Here is one resource for attorney referrals compliments of our resident expert Bob, Cmplyer,

http://www.wilg.org/index.asp

You might also check with your state board of WC and see if they have a lawyer referral service. There is always the yellow pages. You very best bet would be word of mouth from friends or family members that have used a WC attorney in the past.

DO NOT under any circumstances call any of those cheesy firms that advertise on the TV. I don't care how long arm of the law they claim to be they are half assed attorneys at best. They are interested only in getting you to settlement and the faster the better. They seldom concern themselves with what is in your best interest. Their only interest is what gets them the fastest amount of money and gets them on to the next claim.

If the IC volunteered $35K it is likely they can pay up to double that amount if not more just in PPD alone. You have most likely been given a very low ball offer just to hope that you will take the money and go away. future medical is very important especially if your doc has advised that your condition is chronic and will need continued treatment in the future.

Next have you addressed the potential violation of the ADA/FHEA laws when your ER discharged you. Did they first attempt to accommodate your restrictions from our doc. If not you may want to also consider finding a lawyer to advise you as to what if anything you can do to recover damages from losing your job.

Good Luck to you and be sure and keep us up to date as to how things are going for you.

[SteelMagnolia]

I would tell them to go suck wind.

Cute Spiritgirl . I have heard the one of "go pound sand" but I have yet to hear suck wind. I like it.

Steel