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  1. #1
    Join Date
    Jun 2009
    Posts
    12

    Unhappy No Settlement After Mediation - What to Do Next

    My workers compensation claim was made in the State of:

    Hello all, I have been on WC for 1 year now. I just had mediation and we did not settle. I am beyond frustrated with WC. I have a hand injury. I was offered 25000. i have an attorney so that means im going to have to pay them fees lol. according to medical records i had a normal mri and emg but physically you can see that something is seriously wrong with my hand. my therapist is stating its a joint contraction and that its going to take a whole lot of PT to fix it and that's not a guarantee and possible surgery as an end result. well ok that is my therapist speaking and not my treating doctor my doctor is saying not much but that he doesn't know what to do and is not thinking surgery. at the end of the day he calls the shots. i really don't know what to do at this point. i talk to my attorney he wants to wait it out but honestly i am frustrated and am really so mentally and physically tired of this whole process. please would some one give me some advice on what i can do. i know ultimately its my decision on what i end up doing its my life and my claim but i just had to reach out here to see if someone went through this or how to get through it.
    thanx
    Last edited by starr; 06-17-2009 at 07:55 AM.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: What to Do Next Need Advice

    you can try a second medical opinion but the answer may just be accepting that they and won't won't know and it'll take more time.

  3. #3
    Join Date
    May 2007
    Posts
    408

    Default Re: What to Do Next Need Advice

    Quote Quoting starr View Post
    My workers compensation claim was made in the State of:

    Hello all, I have been on WC for 1 year now. I just had mediation and we did not settle. I am beyond frustrated with WC. I have a hand injury. I was offered 25000. i have an attorney so that means im going to have to pay them fees lol. according to medical records i had a normal mri and emg but physically you can see that something is seriously wrong with my hand. my therapist is stating its a joint contraction and that its going to take a whole lot of PT to fix it and that's not a guarantee and possible surgery as an end result. well ok that is my therapist speaking and not my treating doctor my doctor is saying not much but that he doesn't know what to do and is not thinking surgery. at the end of the day he calls the shots. i really don't know what to do at this point. i talk to my attorney he wants to wait it out but honestly i am frustrated and am really so mentally and physically tired of this whole process. please would some one give me some advice on what i can do. i know ultimately its my decision on what i end up doing its my life and my claim but i just had to reach out here to see if someone went through this or how to get through it.
    thanx
    Let me ask you this; What do you want from this? More money? Another opinion?

    You said you just had Mediation. Was there any "negotiating" going on between Your Attorney and the IC Attorney thru the Mediator?


    I went thru Mediation approx. 2 months ago; 9 hours long.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: What to Do Next Need Advice

    I'd probably ask the same questions here... what is it you are looking to happen...?
    And SH makes a good point, get another opinion.

    You are not going to know the potential value of your claim/injury, until you have reached a condtion of MMI...and your doctor has rated you for impairment.

    As you have not had any surgery, or active treatment other than PT to date..it would be a good idea not to 'sell' your future medical rights....any and all future medical would be out of your pocket if you accept reimbursement for medical treatment now.

    WC can be adversarial...is extremely time consuming, and oft times a cause of depression not only due to 'pain', but the process in general. (which is not compensatory as a rule)

    As WC laws are state specific... can't offer much more...you did not provide your state here.

  5. #5
    Join Date
    Jun 2009
    Posts
    12

    Default Re: What to Do Next Need Advice

    i really appreciate the replies and advice etc...i would like more money because i am very frustrated would also like to continue PT. i am in the state of georgia. we were negotiating and their final number was 25000. my attorney wants to wait for the next visit of my treating doctor to see where to go from there. i would like to atleast go to 30000 and be done with this whole thing. talk about depression that is not even the word.

  6. #6
    Join Date
    May 2007
    Posts
    408

    Default Re: What to Do Next Need Advice

    Quote Quoting starr View Post
    i really appreciate the replies and advice etc...i would like more money because i am very frustrated would also like to continue PT. i am in the state of georgia. we were negotiating and their final number was 25000. my attorney wants to wait for the next visit of my treating doctor to see where to go from there. i would like to atleast go to 30000 and be done with this whole thing. talk about depression that is not even the word.
    I am not trying to discourage you BUT if you went before a Judge you could get more or you could get less.

    It seems the way you are talking that your settlement is not based on a impairment rating. Neither is mine.

    WC does not have to settle. Are you still recieving your benefits from WC?

  7. #7
    Join Date
    Jun 2009
    Posts
    12

    Default Re: No Settlement After Mediation - What to Do Next

    i guess its not based off impairment im not sure because i didn't really understand i just know that the initial offer was 95000 and that was to close out medical. i am willing to do 30000 but my attorney is not and i just would like to know how i would go about settling that with or without him just to be done with the whole process. to be honest he is a great attorney. i am just not mentally prepared to have my whole life surrounded by WC. i want to settle for 5000 more and would like to know how to go about doing that?????

  8. #8
    Join Date
    Sep 2008
    Location
    New York State
    Posts
    147

    Smile Re: No Settlement After Mediation - What to Do Next

    tiler02 makes a good point. All IWs would love nothing more than to be done with ICs, lawyers, Drs, and WC. BUT, you only get one shot at a settlement.

    If you have an experienced lawyer that has knowledge of how negotiations and settlements play out, then you should heed their advice.

    Keep in mind that depending on your injury, you may be facing a lifelong injury and that future medical may be required.

    Acquire all the knowledge and information that you can so that you may make a choice that suits your best interests.

    Nobody can tell you that have to take a settlement or not. In the end, it is all up to you and what is best for you and your family.

    Good luck

  9. #9
    Join Date
    Jun 2009
    Posts
    12

    Default Re: No Settlement After Mediation - What to Do Next

    that is the truth and i know that it is a very long/time consuming process. i really appreciate the advice it sort of help me to decide on what my next move will be. I would like to know that maybe a few weeks down the line if i were to get to the point where i just say ok i want to take their settlement and be done with it and my attorney is not......how would i let WC know that i would like to settle for what they offer although my attorney may not be. At the end of the day he does work for me. like i said its nothing personal its just buisness. he is an excellent attorney, but i am very very frustrated and no one seems to know what is wrong....as i stated before that the mri and emg came back as normal and not needing surgery so that is really good.......i am just so tired. my life has just completely slowed down because of this and i am really beginning to get depressed you all.....thanks anyway for the helpful information i do appreciate that alot.

  10. #10
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: No Settlement After Mediation - What to Do Next

    I would like to know that maybe a few weeks down the line if i were to get to the point where i just say ok i want to take their settlement and be done with it and my attorney is not......how would i let WC know that i would like to settle for what they offer although my attorney may not be. At the end of the day he does work for me. like i said its nothing personal its just buisness.
    You notify your atty that you would like to accept the offer.
    Your atty doesn't ''work for'' you...s/he represents you and offers you the legal advise based on experience....what you do with that advise is up to you. You cannot be forced into any settlement. Your atty does not have to accept any settlement you agree to. Just do not go around your atty and contact the CA... you're likely to get shot down there.

    What you should be more concerned with is the ability to pay for additional treatment/surgery if you do accept a lump sum payment to close out your claim.
    i am just so tired. my life has just completely slowed down because of this and i am really beginning to get depressed you all.
    You should discuss your feeling with your doctor. If you are suffering depression due to your injury/pain...that treatment could be a compensable consequence to your org injury... 'depression' due to the process, and lititagion issues are not compensable though. That treatment if necessary would be out of your pocket.

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