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Thread: Fair Settlement

  1. #1
    Join Date
    Dec 2011
    Location
    Clinton,UT
    Posts
    3

    Cool Fair Settlement

    I have already gone through a impairment rating and was rated 5% but was not told as of yet if injury is permanet. Was injuried on my knee. Pain has not gone away was out of work for 5 month on light duty now but just seem i am working and taking care of the pain afterwards and cycle repeat the next day. Job requires me standing for 8 hours or longer. May have to resign. WC talks about a settlment what would be fair. Can't really afford a lawyer.
    deeangel

  2. #2
    Join Date
    May 2010
    Posts
    412

    Default Re: Fair Settlement

    First WC lawyers work on a comission of what they settle,or benefits they obtain for you. It is set by your state, it does not cost you 1 dime to hire, or talk to a WC attorney. As you have no idea if your injury is perminate, and they are talking about a settlement, you cannot get a WC attorney on the phone fast enough. Most cases that are settled fair far better if the injured worker has an attorney, thus the percentage they will EARN will far exceed what a lay person could obtain in the system. You need to be duscussing the pain, and "the cycle" with your treating doctor, and frankly he should be telling you about long range damage, and effect on your knee. Really if you have an impairment rating, then I think the doctor has determined what perminate damage, and restrictions you are dealing with. I cannot stress enough, if working is still causing you pain, you need to address this with your doctor. Pain is this the body's way of warning us of damage. And please get an attorney involved even if just a phone interview.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Fair Settlement

    PD ratings are complex issues... there is info here http://www.laborcommission.utah.gov/...May162006_.pdf, beginning on page 71 for "Lower Extremities", including the knee.

    UT uses the AMA guide 5th edition for rating disability, "pain" is included in that rating, and a max of 3% 'add on' may be possible... depends on your Dr evaluation.
    There should be a way to file for a hearing, or IME if you wish to dispute the 5% PD rating you have rec'd.

    There is no law that requires a 'cash lump sum' settlement... that's negotiated between you and the ER/IC. A C&R should contain money for future medical reimbursement, however you won't receive nearly enough to cover the potential out of pocket costs you may face in treating your injury down the line, particularly if you require a total knee replacement at some point. You cannot use your own private health insurance to treat your work injury.
    Job requires me standing for 8 hours or longer. May have to resign.
    Even with a minimal 5% PD rating... that would indicate you have some level of restrictions in performing any job... you wouldn't generally be returning to your pre injury job duties even with that 5% PD.

    If your ER cannot provide a job within your restrictions, you may be eligible for additional benefits, possibly VR... not if you voluntarily quit though.
    I have already gone through a impairment rating and was rated 5% but was not told as of yet if injury is permanet.
    Your PD rating does reflect permanent impairment...that your injury is healed to a stable condition or MMI/Max Medical Improvement has been reached. The condition you are in now is not expected to change better/worse in the next year or so.

    You really need to discuss your options with a WC attorney... before you move further ahead with any type of settlement...there may be sensitive timeframes here... don't wait.

  4. #4
    Join Date
    Dec 2011
    Location
    Clinton,UT
    Posts
    3

    Default Re: Fair Settlement

    Now I was told that I would be getting a little over a thousand dollars for rating alone than a settlement for future medical needs. When I called Labor Department they said it should not be affected whether I continue to work or quit. Also when I talk to adjuster he said that if I quit then he could talk to me about settlement and then talk to my company. What i don't understand is how he came about dollar amount on impairment rating. And how do I find a WC attorney?
    deeangel

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Fair Settlement

    What i don't understand is how he came about dollar amount on impairment rating.
    The law has already determine the number of weeks indemnity benefits you would be paid based on the PD % rating...
    The CA has just made an offer to cash you out... doesn't meant you will receive the full value
    You wont' be paid the full value of potential future medical costs...

    Atty... try the yellow pages... and start interviewing.

  6. #6
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,047

    Default Re: Fair Settlement

    You would be foolish to proceed at this point without getting legal advice from a competent work comp lawyer.

    The Yellow Pages are not a very reliable way to choose a lawyer anymore. Those are just self-serving paid ads--not much better than the lawyer ads that run during the 11 pm news. Not really a reliable way to select a lawyer who will have a big impact on your life.

    For more objective information, try AVVO.com or Superlawyers.com for a lawyer search. AVVO has client comments and lawyer ratings on a scale of up to 10.0 points. Superlawyers is a peer-selected group of lawyers who are thought to be the best in their area of practice. Also, check out the member directory at WILG.org. WILG means "Workplace Injury Litigation Group" and it is a national group of workers' comp lawyers who are very dedicated to helping injured workers. That site has a directory of members and hopefully you can find someone in your state near you.

    Initial consultations with a comp lawyer are usually free in every state. All it will cost you is your time.

    The insurance carriers do not want you to get a lawyer because their statistics show that injured workers with lawyers get better settlements than do injured workers who handle their cases without one.

    Look for a lawyer with a considerable amount of work comp experience-at least a few years. It is a somewhat complex area of law.
    And a "personal injury lawyer" may not know much about workers' compensation. Look for a lawyer who is dedicated to the workers' compensation area of practice.

    You can also find or check out a lawyer by going to Martindale.com and check out the lawyer's "peer review rating." "AV Preeminent" is the highest rating, followed by AV and then BV and CV. Younger lawyers (less than 10 years experience) may not be rated at all but may still be good lawyers.

    If I were choosing a lawyer for myself, I would stick to the ones with at least the AV rating. Good luck.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

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