Alabama Worker's Compensation - Help For Injured Alabama Workers

• Alabama Worker's Compensation - Quick facts about worker's compensation law, benefits and lawyer fees.

• Alabama Worker's Compensation Resources - Links and resources for injured workers.

Results 1 to 10 of 10
  1. #1
    Join Date
    Mar 2011
    Posts
    16

    Default What to Expect From a Settlement - Time and Money

    My husband was injured @ work & had surgery on his neck to repair ruptured disk. The doc did not repair the herniated disks. We recently contacted an attorney & he had been very helpful. He said that a wc settlement case could take a while. He expained the formula used to figure out how much the ins co would say the case is worth, but I didn't quite understand. Can anyone answer my questions...how long does a case like this usually take & how much $ can we expect?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: What to Expect W/ Settlement (Time and Money)

    Benefits in WC are perdetermined, based on the PD% rating.
    There is no guarantee of a cash settlement, it's all about paying 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
    Once he is rated for PD, if the condition/restrictions are permenant/partial, the cap is 300 weeks of benefits. Take the 300 X %rating, X his weekly rate. That would give you the amount of indemnity due. % X 300 provides the number of weeks benefits would be paid.

    The AL WC Act is here http://alisondb.legislature.state.al...975/123309.htm
    As you can see in reading through the link, it's advantageous to have an atty represent you in a claim.
    You can also follow the links here http://dir.alabama.gov/wc/ for more info to help understand the process.

    Until there is a rating you can't guesstimate the dollar value of a claim. Money is not paid based on type of injury, or amount of treatment provided. Having surgery doesn't necessarily increase the dollar value.
    If you take a cash payment to close the claim, you are also agreeing to accept all further liability for any treatment necessary, out of your pocket. You cannot use your own health ins, or Medicare/Medicade to pay for treatment to a work injury.

    If you need additional info/legal advice, you should contact the atty again. That's where the file is, that's where legal advice in the claim should come from.
    While other IW's may appear to have similar injury, treatment etc, everyone responds differently, recovery is unique, and residual impairment would be different, even though maybe rating is the same %.

    There is no set timeframe on a claim as a rule. Once MMI/Max Med Improvement or stability has been reached he's going to be evaluated and rated for PD. TD/Temp Disability is paid as long as there disability exists. Up to MMI. Once determined MMI, rated, the indemnity benefits are paid for the appropriate number of weeks. At MMI, it is presumed the IW would return to work.

  3. #3
    Join Date
    Mar 2011
    Posts
    16

    Default Re: What to Expect W/ Settlement (Time and Money)

    Thank you so much for the info! My husband has to have complete mobility of his neck because of the type of work he does. I can't imagine him climbing & not being able to have full mobility, especially knowing at any minute the herniated disks that were not repaired or shaved could rupture.
    How long do you think this could case could last?
    Thx again!

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: What to Expect W/ Settlement (Time and Money)

    How long this lasts depends on his recovery.
    Why was surgery not recommended?
    WC medical is not provided to a pre injury condition...once stable, MMI, rated,...indemnity is paid.
    Whether he goes back to preinjury work, or same ER doesn't really matter.
    There may be VR services available..depends on the WC laws.

    Best get used to him not ever having full mobility or ROM/range of motion in the neck... with or without surgery. Definately with surgery would ROM be compromised.

  5. #5
    Join Date
    Mar 2011
    Posts
    16

    Default Re: What to Expect W/ Settlement (Time and Money)

    He had 1 ruptured disk on left side of neck...that was repaired in surgery. He has 2 herniated disks on right side of neck...doc said it was minor & didn't warrant surgery, but also said that it could in at a later date. Doc just wanted to repair what was causing most pain & numbness. Doc said he should already be close to 100%, but physical therapist says it could be a long while.

  6. #6
    Join Date
    Jan 2011
    Posts
    28

    Default Re: What to Expect W/ Settlement (Time and Money)

    Yesterday my hubby was released and is now MMI. He has a rating of 25% BAW, along with 12 lb. lifting restrictions, 10 min. walking and standing restrictions, and a 20 min. sitting restriction, in addition accomendations must be made for restroom. I emailed the report to our attorney, he says we are in the "short rows" now. I am praying for him to be right

  7. #7
    Join Date
    Jan 2010
    Location
    Pennsylvania
    Posts
    609

    Default Re: What to Expect W/ Settlement (Time and Money)

    Us too! Hope all goes well for you. You sound like you need a breather.

  8. #8
    Join Date
    Jan 2011
    Posts
    28

    Default Re: What to Expect W/ Settlement (Time and Money)

    Last week, 7 days after my hubby's doc stated he was MMI, his TTD check changed to PPD, exactly on time. (Never thought it would actually come so fast), We went to the SS office, took a copy of his SSD award letter and a copy of our electronic deposit to show them the amount of his weekly WC check had changed, so his "offset" has now changed. The lady at SS faxed the IC for confirmation, and said hubby's SSD checks will now begin to come to him. She also had my hubby sign a letter promising to let them know if and when we get our lump sum settlement. As long as it's working like this, we can make it. I had asked hubby's attorney if the IC is going to fight his impairment rating (25%) and other restrictions. He said no, but they are going to argue he is not totally disabled. BVIA, you have been a Godsend! You have helped me so much with your advice and the links you have provided, and my hubby's attorney was impressed with how much we already knew and were prepared for, it has made his job a lot easier, just wanted to tell you. We are very fortunate we have had, so far, excellent legal advice, thank you all so much for being on this forum, I've learned so much from your posts, links, etc. The attorney did give us a time frame of a sort. . he expects for us to have settled or be in litigation by the end of this year. Hope this helps

  9. #9
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: What to Expect W/ Settlement (Time and Money)

    She also had my hubby sign a letter promising to let them know if and when we get our lump sum settlement.
    He should be asked if not already, to sign a SSA release of information form... the ER/IC needs to determine current status.
    Because he is receiving SSDI, he is elgible for Medicade within 30 months of any settlement that changes/closes the medical in this claim... therefore, a WCMSA/setaside may be necessary... you need/must see to this before there can be a cash lump sum settlement of this claim.
    Unless they want to cash out the PPD indemnity... leaving the medical open.

  10. #10
    Join Date
    Jan 2011
    Posts
    28

    Default Re: What to Expect W/ Settlement (Time and Money)

    Yes, he has already signed for the SSA release of info form. But when I informed her he is now MMI and on PPD she had him sign a new one. She seemed to be pretty clued in on WC and SSDI (for a change). Our attorney has brought up the SS offset as well as the Medicare set aside. He did advise us it might be in our best interests to cash out the medical, put it in an account. He said the main benefit is WE would be in charge of my hubby's healthcare, not the IC. We are following his advice. He is one of the best in SE Alabama on these type cases. The only question OI have uncertainty about is with a 25% BAW impairment rating, 59 yrs of age with added restrictions, HOW can the IC argue he is not completely disabled?? Any clue, guess or opinion?

Similar Threads

  1. Replies: 9
    Last Post: 05-21-2012, 07:55 AM
  2. What Should I Expect at Settlement Time
    By GrammyTammy in forum North Carolina
    Replies: 2
    Last Post: 03-24-2011, 10:36 AM
  3. Time and Money
    By bad back in forum Tennessee
    Replies: 1
    Last Post: 02-04-2009, 07:07 AM
  4. Running out of time and money
    By jacquiebleu in forum Texas
    Replies: 3
    Last Post: 11-13-2007, 09:49 PM
  5. pain,money,time,depression?
    By maxcrucial in forum Medical Issues
    Replies: 4
    Last Post: 03-21-2007, 10:36 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer