Settlement Questions

[injury865]

I have a question about settling my workman comp claim. I hope to get some help on here. First of all I have been off work about a year. I am not going to be able to return. If I am entitled to the maximum in Tennessee, 400 weeks. Is all the I have earned for the past year+ from being off work, not sure what that is called but work comp, will that be deducted from my settlement. My work said that the weeks I have been paid could be deducted from the 400 weeks becuase it exceeds maximum. I thought that if you have a permanent disability you get paid up to 400 weeks and what you been paid isnt deducted. Please help. Also, do you have to pay taxes on a work comp settlement. By the way I got back injury. I was told by my work it is better to settle outside of court then to have to go to court for this.

[BvIA]

Information on PPD/PTD and scheduled awards is here http://www.state.tn.us/labor-wfd/wcfaq.html#B

C. Permanent Disability and Final Settlement
· When the injury has healed, the injured employee will be released from the physician's care.
· If the injured employee does not recover completely, the employee will reach maximum medical improvement (MMI) and the physician will assign an Impairment rating.
· This Impairment rating, combined with vocational factors, may result in a permanent partial disability (PPD) rating.. A settlement from the workers' compensation insurance company or Employer may then be agreed upon.
· Not all injuries result in a permanent impairment; however, Workers' Compensation specialists with the Tennessee Department of Labor and Workforce Development do provide, at no cost to the parties, informal Benefit Review Conferences to assist the parties in reaching a final agreement or settlement of the claim. Please complete a C-40B Request for Benefit Review Conference and submit it to the Workers' Compensation Division.

Have you been issued a MIR/Medical Impairment Rating ?
What are you basing a 400 week award on ?
To receive the full Permenant Partial Disability award, you would have to have a 100% PD rating...*The 400 weeks for body as a whole is used for a maximum for Permanent Partial Disability (PPD) but does not apply to Permanent Total Disability (PTD).

(13) “Maximum total benefit” means the sum of all weekly benefits to which a worker may be entitled;

(C) For injuries occurring on or after July 1, 1992, the maximum total benefit shall be four hundred (400) weeks times the maximum weekly benefit except in instances of permanent total disability;

http://www.michie.com/tennessee/lpex....htm&cp=tncode

My work said that the weeks I have been paid could be deducted from the 400 weeks becuase it exceeds maximum.

That gets a bit confusing, as it depends on who paid the benefit/money. The TTD/temp disability you receive from the IC is not deducted from any PD settlement money, but IF your ER has continued to pay during the TTD period, that money would be credited from your settlement money.

(1) Temporary Total Disability.
(A) For injury producing temporary total disability, sixty-six and two-thirds percent (662/3%) of the average weekly wages as defined in this chapter, subject to the maximum weekly benefit and minimum weekly benefit; provided, that if the employee's average weekly wages are equal to or greater than the minimum weekly benefit, the employee shall receive not less than the minimum weekly benefit; and provided, further, that if the employee's average weekly wages are less than the minimum weekly benefit, the employee shall receive the full amount of the employee's average weekly wages, but in no event shall the compensation paid be less than the minimum weekly benefit. Where a fractional week of temporary total disability is involved, the compensation for each day shall be one seventh (1/7) of the amount due for a full week;

(B) (i) An employer may choose to continue to compensate an injured employee at the employee's regular wages or salary during the employee's period of temporary total and temporary partial disability. The payments shall not result in an employee's receiving less than the employee would otherwise receive for temporary disability benefits under this chapter; however, a court or the department has no authority to require an employer to pay any temporary disability benefits required by subdivision (1)(A), in addition to the employee's regular wages or salary;

(ii) When an employee receives payments under subdivision (1)(B)(i) and the employee's claim for compensation under this chapter is determined by a court or settlement to be compensable, the employer shall be given credit for the payments. The credit shall be no more than the employee would have been otherwise paid under subdivision (1)(A), and any amount paid beyond the amount that would have otherwise been paid under subdivision (1)(A) shall not be credited against any award for permanent disability;
(B) (i) An employer may choose to continue to compensate an injured employee at the employee's regular wages or salary during the employee's period of temporary total and temporary partial disability. The payments shall not result in an employee's receiving less than the employee would otherwise receive for temporary disability benefits under this chapter; however, a court or the department has no authority to require an employer to pay any temporary disability benefits required by subdivision (1)(A), in addition to the employee's regular wages or salary;

If you are unable to return to work for the pre injury employer...

(B) (i) If an injured employee receives benefits for body as a whole injuries pursuant to subdivision (d)(1)(A) and the employee is subsequently no longer employed by the pre-injury employer at the wage specified in subdivision (d)(1)(A) within four hundred (400) weeks of the day the employee returned to work for the pre-injury employer, the employee may seek reconsideration of the permanent partial disability benefits.http://www.michie.com/tennessee/lpex....htm&cp=tncode

As you can see by the above, the statutes can be very confusing, and simple answers here don't always provide what you are asking about. A consultation with a comp attorney is your best source of legal advise.

Money you receive as TTD/temp disability, OR money for PPD indemnity is NOT TAXABLE state or federal.

[injury865]

Thank you for answering my questions. I know it is so confusing. By the way my rating is 20% with 100 % disability voc. the lady doctor they sent me too though gave me a 3 %. Which was before i reached mm. when i reached mm improved i was rated by the doctor at a 20%. I have a high school education and cannot return to my last employment. the voc rehab lady said i could not go back to any employment. I was told I could get maximum for my back which is based on the 400 weeks I think but my work said that all my temporary payments i got while i was off work due to work injury would be deducted becuase nothing could exceed 400 weeks. So i was looking at about 270 wks of benefits max that was left in my work pay account. i didnt think that they would subtract the wks i was already paid. my work wants to settle without having to go to court. is it better to go for a one time payment than go to court for a structure settlement or can you get more if you go to court. my week wage was about 500.00. thanks Around what type of settlement would be acceptable in my case if they already paid 65,000 in checks while i have been getting better. thanks. do medical stay open?

should i get social disabilities or if i go to court will work have to pay me my 500 a weeks till i get social disabilty or i retire in the next few years.

[BvIA]

If you don't have an attorney, you NEED to talk to one. As I said, the statutes are complicated, and you can't get legal advise from a message board.

By the way my rating is 20% with 100 % disability voc. the lady doctor they sent me too though gave me a 3 %.

Your rating is 20%, that doesn't mean you are entitled to the full amount of the indemnity/award. Don't know what "100% disability voc." means....

I was told I could get maximum for my back which is based on the 400 weeks I think ... Who told you that ?

... but my work said that all my temporary payments i got while i was off work due to work injury would be deducted becuase nothing could exceed 400 weeks.

The things you're saying here are really medical and legal determinations... the people 'at work' don't make those decisions. So as I said, you NEED to talk to an attorney who handles WC.

Around what type of settlement would be acceptable in my case if they already paid 65,000 in checks while i have been getting better. thanks. do medical stay open?

If things are the way you are saying here...take your weekly rate X 400 weeks, and deduct the payments you have already received. I don't know that that would be accurate, IMHO...I don't think so.

You must be unable to perform ANY type of gainful employment for a minimum of 12 months or expected to die within that time from the effects of your condition (not necessarily your work injury) to be eligible for Social Security Disability benefits.
When you reach ''normal retirment age'' you will be eligible for SSA and Medicare automatically.

should i get social disabilities or if i go to court will work have to pay me my 500 a weeks till i get social disabilty or i retire in the next few years.

If you are released to return to work, even if not in the same job or type of work, and you choose not to do so, then there would be no reason for the ER/IC to continue to pay you the weekly benefits. Unless you have a full 100% permenant total disability rating...PTD, the benefits have a predetermined end/max. Appearantly, that is 400 weeks in your case.