Kentucky Worker's Compensation - Help For Injured Kentucky Workers

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  1. #1
    Join Date
    Dec 2012
    Location
    Louisville, Ky.
    Posts
    7

    Default How Long Before Settlement

    My workers compensation claim was made in the State of: Kentucky. I suffered a work injury to my right leg and knee in 2010. After a feud with Worker's comp I decided to get a lawyer and feel things on the legal end have gotten better for me. My injury has not gotten better and after two surgeries I will have to wear an AFO for the rest of my life. This has been a frustrating process and it has taken its ware on me gradually. I wish the lawsuit would come to an end but fear the settlement amount will not be enough. How do I go about trying to settle and just receive a settlement amount? I have been receiving WC benefits for over a year now and a partial Disability payment.

  2. #2
    Join Date
    Sep 2011
    Posts
    68

    Default Re: How Long Before Settlement

    Have you reached MMi? Here in CA that's when settlement talks start to happen. Not sure about your state. And the settlement amount is never enough from what I can see.

    Sorry your feeling frustrated. I'm sure everyone of us has felt that same frustration a time or two. Does your attorney recommend settling now?

  3. #3
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: How Long Before Settlement

    your atty needs to send them a demand letter with your settlement offer. if they are interested they'll reply. if not, they won't.

  4. #4
    Join Date
    Dec 2012
    Location
    Louisville, Ky.
    Posts
    7

    Default Re: How Long Before Settlement

    I am sure that every one with work related injuries/Disabilities go through the same process and stress that I myself have had if not more. I just keep hoping for a resolution to the issue. I still have 6 months before my next medical examination. I guess that is when they determine my disability rating. My examinations up to this point have not ended well; meaning that after two surgeries I have no improvement. Physical Therapy ended and though they said I gained some strength they made it clear it was not enough and that my leg and foot would become weak again because the nerve is damaged and that nerve is what over all controls the function's needed to walk normally. I had to have an AFO customized to assist with supporting my right foot and ankle because I can not keep my foot from dragging. I am not a candidate for a Tendon Transfer Surgery because the damaged nerve is preventing the strengthening of the muscle and tendon needed for the surgery. I am in pain all the time and it seems that nothing can ease that nerve pain. I do not take pain pills daily even though i have the prescription because I have a 21 month old and I am home with her while my husband works. I am terrified that if I take a pain pill while she is in my care I will not be as responsive or alert enough to provide the care and attention she needs. I have built up some tolerance. 4 out 7 days a week I can hardly walk and have to use my crutches or air boot. Even my AFO increases my pain level some days. My orthopedic says he doesn't believe I am going to regain my normal rate of function back because the nerve damage was not taken care of when it started. It took worker's comp almost 2 years to agree to surgery and that was because I got a lawyer. I am just afraid that this injury has completely altered and limited the rest of my life. How do we find compensation for that?

  5. #5
    Join Date
    Oct 1971
    Posts
    3,376

    Default Re: How Long Before Settlement

    I am just afraid that this injury has completely altered and limited the rest of my life. How do we find compensation for that?
    You don't.

    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

  6. #6
    Join Date
    Dec 2012
    Location
    Louisville, Ky.
    Posts
    7

    Default Re: How Long Before Settlement

    I am guessing this is the reality. It is what it is and in time I will learn to except what God has handed me. I know it's not defeat cause I am not a quitter but it means I have to learn new ways to function. Thanks Tony for bluntly making it clear in words. You are right there will never be enough compensation for what I have and will endure. I am unsure if pain and suffering is claimable in a lawsuit.

  7. #7
    Join Date
    Oct 1971
    Posts
    3,376

    Default Re: How Long Before Settlement

    I am guessing this is the reality.
    Yep it doesn't get any better than this, don't ya love it?

    I am unsure if pain and suffering is claimable in a lawsuit.
    Nope, wage loss and medical only.

    Keep Up The Fight!!!
    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
    Dec 2012
    Location
    Louisville, Ky.
    Posts
    7

    Default Re: How Long Before Settlement

    My lawyer told me that when it comes to a settlement agreement it is a very hard and trying process. He said the amount of money him and I decide upon is not always agreeable with the other parties. He said debates can go back and fourth for a while before an agreement is made. Said it is important to thoroughly and accurately calculate and make the right choices not just for now but 20 years down the road. How long can a settlement agreement take? I know I still have 6 months but I was asked to start putting some figures together visually get and idea of what I would want? How do I do that? I have one really bad leg, I have been told in a few more years I will need a knee replacement and more PT. More medications, medical care and even more surgeries. Is there a standard way of figuring settlements like this? Where do I begin?

  9. #9
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: How Long Before Settlement

    Quote Quoting Bumbleg View Post
    My lawyer told me that when it comes to a settlement agreement it is a very hard and trying process. He said the amount of money him and I decide upon is not always agreeable with the other parties. He said debates can go back and fourth for a while before an agreement is made. Said it is important to thoroughly and accurately calculate and make the right choices not just for now but 20 years down the road. How long can a settlement agreement take? I know I still have 6 months but I was asked to start putting some figures together visually get and idea of what I would want? How do I do that? I have one really bad leg, I have been told in a few more years I will need a knee replacement and more PT. More medications, medical care and even more surgeries. Is there a standard way of figuring settlements like this? Where do I begin?
    talk to your doctors.
    find out what you will need. find out how long you'll need them.
    find out what things cost.
    make a list

  10. #10
    Join Date
    Oct 1971
    Posts
    3,376

    Default Re: How Long Before Settlement

    Is there a standard way of figuring settlements like this?
    No

    Where do I begin?
    You don't.
    Let your lawyer deal with it. No one knows the details of your case but your attorney, only he can give you an idea of what to expect

    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

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