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  1. #1
    Join Date
    Jan 2008
    Posts
    6

    Default Lump Sum Settlement Questions, Please

    Hi,
    I was injured on the job in 2006.
    I am much better now & reached a settlement agreement with my company's lawyer.
    I did not hire my own attorney because the offer they presented to me was MORE than fair.
    I just signed & notarized the papers today(accepting the offer) & sent them off.
    When I spoke to my company spokeperson, they told me they would advance a check to me before I received the whole amount.
    Here's my questions: BTW, I know it has to be approved by the court.
    How long will it be before I get the advance check? Will it have to go to court FIRST before I get it? I was so excited, that I didn't ask & hate to bug them again!
    And, how long does it take to get the BIG check??
    Remember, I did not hire my own attorney because they offered a great settlement.
    This is the state of Nebraska.
    PS:
    My company spokesman said 4 to 6 weeks for the BIG check.
    Does that sound right???
    Thanks in advance!!!

  2. #2
    Join Date
    Feb 2007
    Location
    florida
    Posts
    621

    Default Re: Lump Sum Settlement Questions, Please

    This should all be in your settlement documents. That would include the time frames the check is due by. They should be sending the advance check to you ASAP.

  3. #3
    Join Date
    Jan 2008
    Posts
    6

    Default Re: Lump Sum Settlement Questions, Please

    Thanks, ADJ,
    I'll be watching the mailbox!!

  4. #4
    Join Date
    Feb 2007
    Posts
    550

    Default Re: Lump Sum Settlement Questions, Please

    1) Did you cash out your future medical?

    2) If so, ARE YOU ON MEDI-CAL, or SOCIAL SECURITY BENE's OF ANY TYPE? IF SO, How old are you?

    If you did (attemot to )cash out your future medical, and you ARE ON SS, or MEdicare, or entitled to receive Medicare within TWENTY FOUR months, the YOU CANNOT cash out your future medical UNLESS and UNTIL CMS reviews your settlement.

    I just checked NEBRASKA WC WEBSITE. IF you are almost 65, have applied for Soc Security, or are receiving it, you CANNOT SETTLE YOUR FUTURE MED until CMS reviews and approves your future med needs.

    So, if any of this applies, YOU WILL NOT BE ABLE TO SETTLE YOUR CASE, until CMS approval occurs, which takes around 6 months, max.


    LA
    Last edited by princessLA; 02-11-2008 at 01:53 PM.

  5. #5
    Join Date
    Jan 2008
    Posts
    6

    Default Re: Lump Sum Settlement Questions, Please

    Hi Princess,
    I'm 50 yrs old.
    I was injured on the job, but sent back with no limitations after about a year.
    My WC checks had stopped & was back at work.
    Well... little did I know....my surgeon gave me a 20% disability rating.
    My WC company was paying me $80 some odd bucks a week to end after 5 yrs.
    I came home one day to find a check in my mailbox. I thought it was a mistake, since my company took me back with no limitations.
    I asked my DR & he said for my type of injury it was now mandatory.
    I could just take the $80 plus bucks a week for 5 years, or try to settle.
    My WC company said that they would settle it, so that's where I am today.
    I know I give up all future claims against WC, but it's a chance I'm willing to take.
    Thanks

  6. #6
    Join Date
    Oct 2006
    Posts
    224

    Default Re: Lump Sum Settlement Questions, Please

    Hi bigalspal~

    Can I ask- what was your injury?

  7. #7
    Join Date
    Nov 1971
    Posts
    177

    Default Re: Lump Sum Settlement Questions, Please

    I don't want to sound harsh, but I don't think you know what you just did. You are 50; you have 16 more years until you can retire with full SS. You don't state what your injury is. How do you know it won't become a problem again? Have you any idea what medical care costs? Even if you have someone else providing your insurance, like a spouse, what would happen if that person lost their job, was injured on the job or elsewhere, became ill and could not work, or died?

    What if you lose your job? And your injury bothers you down the line. What will you do?

    What on earth do you call a "great settlement"? I lost my ability to work at age 52. I'd have needed a 7 figure settlement to have made up for what I lost; last time I checked even in a high cost of living state like mine that never happens.

    I had to give up my rights just to get surgery; I wound up with less than a half a year's salary and no medical. I have no insurance now as my husband was injured a year ago and we can't afford COBRA for both of us, so I have only Medicare Part A, which is only for hospitalization. I got raped, and I had a lawyer.

    I need to hear more. Either you had a splinter in your finger and they are paying you 20 grand or I have to question your judgement.

  8. #8
    Join Date
    Nov 1971
    Posts
    177

    Default Re: Lump Sum Settlement Questions, Please

    One more question please. Who sent you back to work with no restrictions? A company doctor??? I hope not for your sake.

  9. #9
    Join Date
    Dec 2006
    Posts
    2,165

    Default Re: Lump Sum Settlement Questions, Please

    NOT to mention that MOST private insurance co's do NOT PAY FOR Work-comp injuries, even IF SETTLED , and that INCLUDES a SPOUSE's private insurance....

  10. #10
    Join Date
    Jan 2008
    Posts
    6

    Default Re: Lump Sum Settlement Questions, Please

    Hello again,
    My injury was to a disc in my neck. My surgeon was MY DR that was Ok'd by WC. He preformed a fusion (not sure what level). He ok'd me to go back to work with no limitations, as I did great after surgery & recovery.
    I asked him to let me go back to work as he did an EXCELLENT job & I have had no futher need of pain meds or therapy.
    I didn't even know that I was given a 20% disability rating, till a check appeared in my mailbox. I asked him why this was, since I had been working at full capacity for 2 months.
    He said by law, he was required to give me this rating.
    Well, at 80 dollars a week, it is doing little for me, so I decided to settle.
    I did not hire my own attorney (after calling around to quite a few), because I felt they would take WAAAAY too much of my settlement.
    Which is 80 a WEEK for 5 years.
    So, I called my employers private WC company & asked if they'd settle.
    They sent me a very fair settlement offer, so I decided to just use their attorney.
    And the advance on the settlement came within a week of me signing the papers.
    Their attorney says the court (Nebraska) just has to approve it & we will be set & they will cut me a check. He feels that the court will approve it with no problem because I have met all the criteria.
    My question was: how long does it take for the court to sign off on it, so I can get a check from the WC attorney?
    The WC attorney says we can hope for the week of the 8th (March).
    He filed the papers from me & WC to the court in Nebraska Monday Febuary the 11th. Could it be that quick? He did warn me that sometimes the courts are slower, but didn't see any problems.
    And I'm fully aware of what I've done. I know I might have more problems down the road, but it's a chance I'm willing to take.
    What do you guys think?
    BTW, I'm female & not the primary earner in the family & my husband has great health insurance on both of us.
    Thanks,
    Bigalspal

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