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  1. #1
    Join Date
    Sep 2010
    Posts
    52

    Default How Long Before I Must Settle

    Here is My ? How long before i am forced to Settle ? I have been on Workers comp since 2009 is there a Time Frame? Also once i settle Can i Leave Medical Open incase i Decide to Do Surgery In the Future?

    I have also Developed Fibromyalgia According to my Rheumatologist Sometimes it is bought about a Head Trauma and or a Spinal Trauma.
    What would a case like this be Worth or will they try and say that the Fibro is causing the pain? i cant see how Since Fibro doesn't cause pinched Nerves or Herniated Discs. Actually Studies have been done where about 22% of People who have spinal or head trauma Develope Fibro With in 3 6 9 or 12 months after such Trauma.This study was conducted by the Universaty or Massachusetts.

  2. #2
    Join Date
    May 2009
    Posts
    159

    Default Re: How Long Before I Must Settle

    I am also in NY

    You cant be forced to settle...but there will come a time where you will be given a Schedule loss of use or a rating and your weekly payments will be determined. They will go on for so many weeks depending on those numbers

    You cant be forced to settle medical. You always have the right to treat your injury. That doesnt mean they wont fight you and make you take it in front of a judge..but you dont HAVE to cash that out. Many often do by agreeing to a Section 32 settlement..but thats not something you have to accept

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: How Long Before I Must Settle

    WC benefits will be paid weekly as long as disability exists. You cannot be forced to settle a claim. There is no way to determine the potential value until you reach MMI and are rated for PD.

    Info on WC disability benfits is here http://www.wcb.state.ny.us/content/m...ilityClass.jsp

  4. #4
    Join Date
    Aug 2011
    Location
    Georgia
    Posts
    800

    Default Re: How Long Before I Must Settle

    Neither you nor the insurance carrier can "force" the other to settle a WC claim. Thus, there IS no time frame.

    If the case settles, medical could be left open (COULD BE). IC's generally prefer NOT to leave medical open, if you are MMI and the only solution to your injury at this point is surgery. There is no way to predict what medical treatment or surgery will cost in the future, once the claim is settled.

    You may be a bit premature in asking these questions if you are still treating, if your medical situation has not been resolved, and more especially, if you have an attorney who should be guiding you along as to what should be done next.

    I've read your other posts, and it appears that you are grabbing for the brass ring, rather than showing any desire to recover from your injuries realistically. Just my opinion.

    And, before you insult me, like you did another forum contributor - NO, I do not work for insurance companies or the WC system.

  5. #5
    Join Date
    Oct 1971
    Posts
    3,428

    Default Re: How Long Before I Must Settle

    ELEVO
    How long before i am forced to Settle
    Till hell freezes over. You'll be lucky if they offer one let alone force one.

    I have also Developed Fibromyalgia
    That is a theoretical condition, there is no way to prove it even exist.
    Fibromyalgia is considered a controversial diagnosis, due to lacking scientific consensus to its cause.[19] Not all members of the medical community consider fibromyalgia a disease because of a lack of abnormalities on physical examination and the absence of objective diagnostic tests.[11][19][20]
    http://en.wikipedia.org/wiki/Fibromyalgia
    Fibromyalgia - Exams and Tests
    No simple blood test or X-ray can tell you if you have fibromyalgia. The diagnosis is made solely by taking a history and doing a physical exam. (in other words what the patient says)


    What would a case like this be Worth
    The same as was stated in your other thread, it's based on your rating plus other factors
    No won't you be getting rich, you get a percentage of your lost earnings and that's it, no gold mines or oil wells.

    I think two thread are plenty, no need to start another.

    Tony
    Last edited by tony; 09-12-2011 at 02:07 PM.
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  6. #6
    Join Date
    Sep 2010
    Posts
    52

    Default Re: How Long Before I Must Settle

    Quote Quoting tony View Post
    ELEVO Till hell freezes over. You'll be lucky if they offer one let alone force one.

    That is a theoretical condition, there is no way to prove it even exist.

    Fibromyalgia
    Exams and Tests
    No simple blood test or X-ray can tell you if you have fibromyalgia. The diagnosis is made solely by taking a history and doing a physical exam.

    Your doctor makes the diagnosis by applying mild pressure to the tender points. If discomfort occurs at 11 or more of these points, then the physical exam is positive for fibromyalgia.
    http://www.emedicinehealth.com/fibro...a/page3_em.htm

    In other words it's based soley on what the patient says.
    The problem is people can easily research the symptoms and know how to exibit symptoms.




    The same as was stated in your other thread, it's based on your rating plus other factors
    No won't you be getting rich, you get a percentage of your lost earnings and that's it, no gold mines or oil wells.

    I think two thread are plenty, no need to start another.

    Tony
    Sorry about 2 Threads. just have Different ?s

    Of Course i don't expect to be rich I'm sure none of us do, we just want to know how are we going to do more or less at the end of the case. i do have to plan for my future Since, I've been told by several doctors that i wont be able to do any if all Gainful Employment. But who knows maybe something good will come out of this. all i can do is Hope for life to get Easier because it is way to Difficult as it is to Survive Anywhere these days. There is no middle class anymore, we have been Demoted to Upper Poor / just because we have a job and little or no Savings. Middle class were able to save and Live Comfortable not anymore. What is going to happen to our kids/Grand kids, when companies take away pension, Benefits, Vacations, Etc. It is happening now as we speak.. How will they live?

    As for Fibro, They can Measure activity in the brain when pain is coming, the brain does react to the fibro pain. Also They do a Touch point to see if your sensitive in certain areas. And i had 2 blood test done to exclude Aids, TB, and a few other things that Mimic Fibro So as far as blood test go it must be done to exclude Aids, TB Etc. You will know when you have Fibro, its like your bones are being squeezed with a Vice Grip, like you have the flu Symptoms, your burning up, you have Facial Jaw pains. as a person you will know something is wrong, it is now Recognizable Disability by SS. Yes it is Real, Really Real and i don't wish it on my worst Enemy /
    Last edited by ELEVO; 09-12-2011 at 02:17 PM.

  7. #7
    Join Date
    Oct 1971
    Posts
    3,428

    Default Re: How Long Before I Must Settle

    Sorry about editing my post after you quoted it, found additional info.

    There is no middle class anymore, we have been Demoted to Upper Poor / just because we have a job and little or no Savings. Middle class were able to save and Live Comfortable not anymore. What is going to happen to our kids/Grand kids, when companies take away pension, Benefits, Vacations, Etc. It is happening now as we speak.. How will they live?
    I agree

    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  8. #8
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,340

    Default Re: How Long Before I Must Settle

    As the example I used in your other thread, no one can force you to settle nor can anyone force you to have surgery but make sure your attorney has everything in order, as the lifetime benefits in NYS were altered and effected everyone injured after 03-13-2007. I was lucky(ha ha ha a lot less salary) that I have life time cash and medical benefits but with the new laws not being IW friendly is the reason why I can only stress you retain a knowledgeable workers compensation attorney. Oh, remember what you wrote about attorneys making a quick buck off WC clients? WC attorneys hardly make big bucks and rather not be bottom feeding but have to make ends meet by representing comp victims!

    **Have you filed for SSDI; if not do so NOW!!!***
    Knowledge is a beneficial tool for the injured worker!

  9. #9
    Join Date
    Sep 2010
    Posts
    52

    Default Re: How Long Before I Must Settle

    Quote Quoting Q-man View Post
    As the example I used in your other thread, no one can force you to settle nor can anyone force you to have surgery but make sure your attorney has everything in order, as the lifetime benefits in NYS were altered and effected everyone injured after 03-13-2007. I was lucky(ha ha ha a lot less salary) that I have life time cash and medical benefits but with the new laws not being IW friendly is the reason why I can only stress you retain a knowledgeable workers compensation attorney. Oh, remember what you wrote about attorneys making a quick buck off WC clients? WC attorneys hardly make big bucks and rather not be bottom feeding but have to make ends meet by representing comp victims!

    **Have you filed for SSDI; if not do so NOW!!!***
    Well During my fist six months I was asked by my young Lawyer if I was ready to settle my case? WTH? I thought this lawyer was crazy or just inexperienced, with all the injuries I have substained how can I settle? And he was like it was just a ? So that is what made me believe they were in it for a quick buck. But that was just the appointed lawyer, the firm I hired has been around for years rep injures workers, also this same firm helped me get my SSDI approved. Well I help my case a lot when it came to SSDI

  10. #10
    Join Date
    Feb 2011
    Posts
    88

    Default Re: How Long Before I Must Settle

    Hi ELEVO, I have just applied for SSDI and may need a lawyer. If your firm is in NYS can you PM me with the name. Also if anyone else has any firm names please let me know. Thanks.

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