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  1. #1
    Join Date
    Jun 2007

    Default MMI - How do I get this over with?

    My husband reached MMI today. He has permanant restrictions on lifting. He is going to talk to his employer on Monday about his options. In the meantime we would like to get the ball rolling on the settlement. How do we do that? Do we ask them about it or wait until they call us?

  2. #2
    Join Date
    Jun 2007

    Default Re: MMI - How do I get this over with?

    All of that depends on who's actually handling the workers' comp claim (employer itself or insurance company). Additionally, the matter of whether or not he'll be able to return to work is a big issue that's going to have to be resolved prior to final resolution of the claim.

    If I were in your shoes, especially if he's not going to be able to return to work, I would consult with an attorney to know the value of the case. You can likely expect any offer from an insurance company to be well below the reasonable settlement value if you do not have an attorney.

    I would expect most ICs to send you a settlement offer within a couple of weeks of getting to MMI with an impairment rating. Like I said, though, that number is likely to be quite low (in relation to what the case is actually worth).

    If it's any kind of significant injury/impairment where the return to work is a major question, you're going to be best served by retaining an attorney to represent your interests. The possible "savings" by not hiring counsel is probably a big loss in most cases. Since WC attorney fees are capped at 20% of the award, the lawyer only has to secure you an additional 20% more than otherwise would have been offered without a lawyer to let you break even. Then, you get the benefit of having a lawyer deal with the headaches of the process for you.

    Good luck to you.


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