Workers Comp Settlements

[butler742]

My workers compensation claim was made in the State of: Alabama. I broke my back in oct 09. i had a posterior and anterior fusion of l3 to sacrum. my doctor say i will not be able to go back to my line of work (lineman building powerlines) again. So will i be getting a lump sum settlement for this or will they just pay like they do now with the checks that are coming for workmans comp? how much is a fair amount to expect? how long does this take? Thank you.

[.SH]

the duration of the payments will be based on your impairment rating.
whether you get it in a lump sum or regular payments depends on the type of settlement.
more information here
http://dir.alabama.gov/wc/benefits.aspx

[BvIA]

If you go to the link SH provided, you'll see that AL provides for limitations on WC benefits.

LIMITATIONS - The following types of claims cannot exceed the time period shown:

Death 500 weeks
Permanent Unlimited
Permanent Partial Body 300 weeks
Temporary Total Unlimited
Temporary Partial 300 weeks

If you are declared MMI, and rated for PPD/impairment, say the rating is less than 100%, you are capped at 300 weeks, or a % there of based on the rating.

If you are found to be 100% PTD, Permanently Totally Disabled, you would receive a life pension at the TTD rate.

how much is a fair amount to expect?

Indemnity awards are pre determined by the rating you receive. There are no 'fair' settlements in WC.
Benefits are limited, and consist of Temp Disability while you treat and recover, medical treatment, and indemnity if there is PPD.

If your Dr's anticipate extensive future medical care/FMC, you should probably not close the medical in your claim.
If you feel you are eligible for SSDI/social security disability, you should make that application now.

[butler742]

so i shouldnt expect a lump sum payment? what if the employer offers a office job the doc says i can do then fires me cause i know nothing about it and im making a lot more than the other working in the office cause i have a linemans pay which is higher? should i get a lawyer? how do people get lump sum settlements? if they say i cant go back to work how do they not have to pay me?

[BvIA]

When/If you say "I can't go back to work". It doesn't count for anything...maybe job abandonment.

You can negotiate a lump sum payment to close the claim...you agree to assume all liability for any further treatment, take a cash payment for less than what the potential value of the claim is. Go to the bank.

If your ER offers you a job, there are no protections. But the ER should not offer/provide a modified job for you where they know you will fail... doesn't work that way.

Try not to anticipate problems...there are enough without it.