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  1. #1
    Join Date
    Jun 2012
    Posts
    2

    Post Should You Give Up Medical Benefits as Part of a Settlement

    Ok I got hurt on the job about a year ago, I worked in the healthcare field. Told my employer about it, and they tried to say that I injured myself at home. Went to a med express dr, he proceeded to tell me that I had tendonytis in left wrist from lifting. Got on workers comp with my employer. A few months later was sent to see a dr. Doctor told me I was fine, goto work. (Even though he barely looked at injury) But I was extremely sore, swollen, and in pain. After an argument went back to work on lite duty, and got terminated first day back. Got an attorney, went to their dr, and found out after several x-rays and mri's. I had torn ligaments and cartilage in my wrist. Had surgery, defense tried to settle before surgery. I didn't settle, started to recover, and the defense claimed that they terminated me for another reason, and that they had witnesses to prove it. Just had another mediation last month offered me 43k to settle even though I'm not even close to being healed. They also want to take away the medical. My question is if you're in your early 30's had an wrist injury, not fully healed, and believe that your case is worth more since the defense is trying to give you that, and take away your medical. Is that a fair trade to make? I have til next wk to decide if I'm going to take the 43k or fight. What should I do? And what may happen if I fight it?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Confused on What to Do

    You should be having this discussion with your attorney.
    No one here has access to review your file...your atty knows the process...laws, and how your claim will be affected.
    Can't tell you if the offer is sufficient to cover your future medical needs... don't know what they are.

    No one on any message board should attempt to second guess what your attorney may have in mind.

  3. #3
    Join Date
    Jun 2012
    Posts
    2

    Default Re: Confused on What to Do

    I've tried that and all he tells me is that I can take the money or he'll goto war for me and go all the way. As far as my medical I dont even know how long. The dr stated that it takes usually 2 yrs for this injury to fully heal. And I'm just trying to figure out if it's the best idea eventhough I could lose if I decide to fight this

  4. #4
    Join Date
    Dec 2007
    Location
    Tunkhannock, PA
    Posts
    1,096

    Default Re: Confused on What to Do

    I'm not sure I understand the question. It appears that your attorney has correctly advised you that you can either take the settlement which is a guaranteed sum of money and give up your rights or continue to fight with the understanding that you could lose and receive nothing. If you are asking if this is in your best interest, neither your attorney or anyone else has a crystal ball. You may be fully recovered in a few months in which case the 43k would be a gift or you could be disabled for life in which case the 43k is nothing. My only suggestion would be that in addition to your lawyer, you may want to sit down with your doctor and obtain his best guess as to your likelihood of future recovery and what if any additional treatment you may require.
    Timothy D. Belt, Esquire
    Helping injured workers in Northeast Pennsylvania.
    belt-law@belt-law.com
    www.belt-law.com

    DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.

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