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Thread: Near Settlement

  1. #1
    Join Date
    Nov 2008
    Posts
    33

    Default Near Settlement

    I am within weeks of a settlement offer from my workmans comp insurance co. and am wondering if anyone out there has had a settlement involving multiple herniated disc in the lower back, with nerve damage to both legs? It is hard to know what is a reasonable offer when one has no guide lines to work with. I am on SSD at 100% and am curious as to what kind of offer I am going to receive after my final IMEs. I know my lawyer will also advise me, but I would still like to know what offers have been put out there to others with my same disability.

  2. #2
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    655

    Default Re: Near Settlement

    Hey Slim, Getting a little ichy to end this?? Mr Slim?? hehe. We have earn the right to "hehe" at this stage of the game. Your DX is D.D.D. with radiopathy. You can have herniated all your lumbar discs or 1 it still comes down to the rating of impairment agreed to.
    I have chatted with many with same injury as you and if you have an application in for the SIF. and your approved I will go out on the limb to guesstimate your award set at 25-40 % partial total and you will receive about 30-40k at once, your lawyer will take all his fees and will be paid in full, which leaves the SIF all yours to keep every other week. For the duration of your incapacitation. The SIF is your ACE or about 80% of your best working years wages tax free (state limits may apply?). You must remain under active medical care to remain on both SSD and SIF and after 450 weeks of SIF benefits according to WC law will need a comprehensive report written by your treating Dr and this report must contain about 5 facts in it one of which is that you remain totally permanently disabled. Your lawyer may advise you at the time of settlement but your relationship shouldend there, unless you rehire him/her for any issue that may arise from your claim.
    What one may receive for total comp may not be what you can receive as claims are based on the case merits of each claimant.
    Estimates are very conservative as I would rather come in low than disappoint you with a high figure when you actually receive less

    Chat soon,

    BUG

  3. #3
    Join Date
    Apr 2010
    Posts
    17

    Default Re: Near Settlement

    What does D.D.D. Mean Bug?

  4. #4
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    655

    Wink Re: Near Settlement

    DDD= Degenerative Disc Disorder a fancy medical term for bad back?

  5. #5
    Join Date
    Nov 2008
    Posts
    33

    Default Re: Near Settlement

    what is SIF??

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

    Default Re: Near Settlement

    DDD is actually Degenerative Disk Disease, more than a "bad back" unfortuantely... do a googe search...there are 1000's of pages on DDD.

    You need to know too, that DDD is/can be subject to apportionment to cause of any PPD you may suffer due to your injury. The ER is liable only for PPD due to this occurance... the DDD will be evaluated by your Dr, and a % of contribution -will be determined... what that does is lower the final rating, consequently, reduces the indemnity award due... less money at settlement is the bottom line.

    SIF is usually Subsequent Injuries Fund... extra coverage for second/third injury.

  7. #7
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    655

    Default Re: Near Settlement

    Hey Tulip & Slim Pickens
    First let me address you Tulip, I agree 100% that DDD can mean more than a bad back as it could mean any joint in the body, however for the scope of this thread its a term used to describe a bad back. I am only being very "in general"
    Slim Pickens SIF is the "Second Injury Fund" this is a fund set up by the Dept of Labor to allow employers to hire disabled workers without assuming the risk of their disability. In order to qualify for SIF you must have a pre existing condition along with your work injury that together leave you totally disabled. The State calculates your ACE then your SSD payments are subtracted from your ACE and the balance is paid out to you in bi weekly payments for the duration of total disability.
    Here is a great example of NJ being a reverse offset state.
    Good luck to all.

    BUG

  8. #8
    Join Date
    Nov 2008
    Posts
    33

    Default confused

    Ok. Now I dont understand the settlement. Since my back injury in 2006
    ( while working for my employer),I am 100% disabled.I can no longer work,anywhere.I receive SSDI monthly and am waiting for workmans comp to settle.I was rated at 65% impared or disabled by my doctors and I am sure the workmans comp docs I saw will come in much lower.Here is my question: Once a fair permenancy percentage is decided between myself,my lawyer and workers comp lawyers,will I be receiving bi-weekly checks for my disability from workers comp for the amount of weeks granted by the total;?? or do I get a lump sum pay off??; I thought I would be receiving monthly checks from both worker comp and SSDI, until ,or close to retirement age..which is not that far off in the future. At 100% disabled by both workers comp AND SSDI, I would still not be anywhere near the 80% I was earning before my injury. I am very confused. A lump sum payment( which I was told could be less than $50,ooo, is in no way near the wages I have lost since my injury-- until 65 years old. Does any one have the facts on this subject?? Thanks, Slim

  9. #9
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    655

    Default Re: Near Settlement

    Hey Slim Its good to hear that you are still with us and hanging in there the best you can. Before I answer your question I just wanted to know if you felt as I did that after living off of next to nothing for such a LONG time once you got your SSD didn't you feel like Donald Trump with an income? Well maybe a Trump minus the 50 or so bankruptcy's he has filed to avoid paying his bills??
    Anyway dont feel bad as for some reason settlements like yours are difficult to follow and even though the website says everything will be explained to you it really is not?. You really need to follow the ball at your final hearing as much information can be learned there. However how the final figure is calculated is a big mystery? If your asking me to look into the crystal ball and foresee what will be the situation with what I know of your case I will be happy to take a peek. Ok I see your relationship with WC terminating shortly after the final hearing meaning you will receive 1 substantial payment but it "may be less than the 50k you are told of. This is because your lawyer fees will be taken all at once. Depending when you filed for SIF you will also get this back award at the same time!! It typically begins when your TTD ended. So you see in totality you may not receive your wages lost according to your pay scale, BUT according to your "new pay scale" or your ACE you have received continuous pay? Hopefully the JUDGE will order the carrier to pay 70% of your lawyer fees which will increase your award at settlement time. You will need to wait and see as my crystal ball is not connected to hi speed or high definition so the image is blurry. For legal purposes at settlement your relationship with WC carrier terminates!! That's it for WC. Now separate from WC is your SSD and your application for SIF You have received your award letter from the SSA and this is what you use to show proof of income if you apply for credit or buy a car or something. I also believe that your SSD converts to SS retirement at same rate when you reach the ripe age.
    OK since NJ is a reverse offset state and your SSD is for less than your ACE the SIF pays you the difference in bi weekly checks!!It is important to ALWAYS tell the SSA that your WC terminated when you reached MMI because technically that is the truth!!!!! The SIF is NOT WC!!! I have some very good news slim when you reach SS retirement age and your SSD converts to SSR the SIF can no longer deduct from your SIF payment thus the SIF must pay you your full ACE at this time. Again its best to keep the SIF separate from your SS business as SS reps are not NJ lawyers or know the law in NJ when it comes to NJ offsets. The last thiing you want is the SS deducting your SIF from your benefits and this will take you MUCH HASSLE to correct!!!!! So how Nj get to the 80% or your ACE is they figure out your average lifetime and caluclate from that meaning before you become of retirement age you will not be getting 80% but when you figure in your SSD converting to SSR then SIF pays the full ACE at that point you will be receiving more than when you were working???? Slim I may be off on a point or two but I pretty much think that is how it works. I seriously doubt you will find many others able to explain this more clearer than I have because 1 it is confusing and 2 it seems to be a big secret on how this all is figured out. I do know when you get your SIF paperwork it will say what your ACE is and they will say your total monthly SIF benefit + your SSD will equal your ACE. So I hope you live till your 150 as look at all the $$$ you will have been paid to that date!!!!!!!!! You do NOT get any 1099 for SIF benefits so the only people who will know you have it are your lawyer and those whom you tell and I strongly suggest you keep you finances to yourself!!

    Does this help you out I wish you much fortune and good luck and I hope we can still be friends when the smoke finally clears when your case/claim settles.

    BUG

  10. #10
    Join Date
    Nov 2008
    Posts
    33

    Default Re: Near Settlement

    what is SIF . I asked my lawyer and he said that it is when you have a second injury to an original injury while working. Which does not apply to me.

    ok, just read your post above mine. SIF does not apply to me. I had no other injuries prior to my injury while working.

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