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Thread: W/C Settlements

  1. #1
    Join Date
    Dec 2008
    Posts
    4

    Default W/C Settlements

    Does anyone know of a posted guideline to a settlement offer, and what is ok and what should be considered before taking any settlement. It is probably not the first time someone has said this in Ga. I am so far behind on my bills having gone out of work on 7/04/08 and just now being referred to another Dr for surgery on my neck. Having been a waitress and accustomed to making around 400 to 600 per week, including my hourly wage, I am now receiving 104.

    This has put us in such a financial bind. Is there a way, since I was not allowed through our payroll system to report additional tips, ( i did report some on my tax return last year) to get a larger weekly check? Also can this be retro if I can argue that I made more than than they are using to calculate. Does an attorney have to do this? or will he?

    I am also wondering what kind of settlement figure would be appropriate for a disc , where the surgeon has told me that it is at least a 27% perm disability, with or without surgery. They have yet to determine anything regarding my shoulder. One Dr says one thing , the PT guy says another, and neither can come to a determination of what to do to get me out of pain.

    The shoulder will not be looked at again until after I have this neck surgery. The pain has changed my life and I understand that there is no compensation for that in Ga. and you cant sue anyone.

    I have been released to go to light duty, none available where I work, and no Dr will sign off on their work related duties, as they all require more than I can do. I am wanting to go back to work and say to hell with it all, but I cant.
    Should I contact an attorney, or just wait on them and see what happens?

  2. #2
    Join Date
    Jun 2008
    Posts
    257

    Default Re: W/C Settlements

    yes I would contact a lawyer first!

    I have been out for almost 4 years now due to herniated discs in my neck.. I have no idea how much anything is worth!

    And last depending on which disc that does effect the shoulder, which may be the reason why they arent going to deal with that until after the neck issues are taken care of.

  3. #3
    Join Date
    Dec 2008
    Posts
    4

    Default Re: W/C Settlements

    Thanks, I only know that sometimes lawyers can complicate things and then it drags out. I am not looking at settling but rather waiting and perhaps filing bankruptcy , but will have to wait now as the settlement money would be used to first pay down debts. This sucks, had they paid me more per week, I could have managed. It was a fellow employee's direct fault and cause of my fall. None of that matters in Ga. If people only knew what happens in Ga with regard to his tyoe of injury they would be more obliged to change the law.

  4. #4
    Join Date
    Jun 2008
    Posts
    257

    Default Re: W/C Settlements

    the problem with WC system is that people like us dont really know how it works as well as dont care until it directly effects us!

    As far as everything else I dont think any of the states allow for pain and suffering... WC is a no fault!! Even though you and I can say our accident wouldnt of happened if someone would of done there job it really doesnt matter!

  5. #5
    Join Date
    May 2008
    Posts
    244

    Default Re: W/C Settlements

    k- i feel your pain and being out of work really sucks ! you really should consider talking to a lawyer , it will cost zero to find out your best direction. how is this dr telling you that surgery or not you will have a 27 % disability . have you had mri done ? anything that would make him say that ! you were basically hurt fairly recent. only a few months ago ! usually it takes quit longer for a dr to say that. it happens after all conventional and medical treatment has failed or worked. then your maximum medical improvement ,meaning there is nothing else medically that can be done. this is why i say you should talk to a lawyer . especially dealing with the inj you have. anyway good luck

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: W/C Settlements

    Go read this article from the NYTimes..."The Pain May Be Real, But The Scan Is Deceiving''... everyone is so quick to swear by an "MRI", those scans can often lead in the complete wrong direction...

    http://www.nytimes.com/2008/12/09/he...2&pagewanted=2

    kwhite, You are facing one of the major problems those EE's whose wages are mainly based on tips... no one wants to declare all of the wages because they don't want to pay the associated taxes...BUT, when it comes time for unemployment, or SSA/SSDI benefits OR WC wage replacement, the average weekly wages used to calculate those benefits are not there either....
    Is there a way, since I was not allowed through our payroll system to report additional tips, ( i did report some on my tax return last year) to get a larger weekly check? Also can this be retro if I can argue that I made more than than they are using to calculate. Does an attorney have to do this? or will he?
    IF you can show, through your tax returns your AWW/average weekly wage for the last 52 weeks is higer than what has been used to calculate your TTD benefits, then yes, you are entitled to the difference in what you have received...(I am not suggesting you have done what I pointed out above).

    Your ER could find him/herself in a world of trouble for not providing you the opportunity to report ALL of your wages...one, WC premiums are based on the gross wages audited by the IC providing the coverage...Not posting the accurate full wages/tips as reported by the EE's, could be fraud against the IC the ER purchased the policy from...
    Two...SSA/FICA/Medicare tax contributions by the ER are also based on your gross wages...and this is NOT something the ER wants to take on with the IRS...
    So, get your documentation together and submit to the CA...you don't need an attorney to handle this issue for you.

    BTW...I'm now curious what the IRS will be asking this ER as to why your W-2/1099 is different than that which you reported...(?)

  7. #7
    Join Date
    Dec 2008
    Posts
    4

    Default Re: W/C Settlements

    Actually, I do have the tax info, from last year and I kow it was at least 6500 non reported tips , that were claimed on my last years taxes. As far as this year I have always kept a daily log (pocket planner) that will correspond to actual hours and days that I worked and the actual amount of tips that I recd.
    On any given day I can look back and see exactly what I made in tips, bring home, CASH. Having been in finance, my husband has always preached that, thus the claims on the annual returns. I am thiningof going back to our rep with the company and benefits person and explain that I am not satisfied with their calculations, and ask why we were not allowed to claim additional tips. There was no where on our clock in and out system to do this. I am sure it was based on a flat rate to make up the diff in min wage.
    With the information that I have may be a leg to get them to adjust my weekly stipend. Knowing that they may have been paying for insurance based on mis reported figures, as well as SS and taxes.

    Thanks,
    Keith,

    yes the MRI was done after over 30 weeks of therapy, and one Doc says that he wont operate , the MRI tells him to, and the pain I exhibit tell him no.
    The second opinion , says he will and only when someone does will some of my pain form the disc being ruptured and pressing on the nerve , go away.
    Now for the 3rd opinion, and shoulder after that. MRI there also that states that the tissue is obliterated between the cuff and arm bone.

  8. #8
    Join Date
    Dec 2008
    Posts
    4

    Default Re: W/C Settlements

    This was not rally creative book keeping, to show no money, rather to prove income. What better way to prove income than a legal log of your earnings, and a record that can be backed up by hours and days worked, kept on a daily basis and the reporting it as income to the IRS. That is income.

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