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  1. #1
    Join Date
    Feb 2009
    Posts
    3

    Default Settlement After Voc Rehab

    Hey,
    I noticed that many people are where I was a few years ago and I want you all to know you have my hopes, wishes and prayers for as full of a recovery as possible. I wish you all the best.
    My own issue is that now that I have completed Voc Rehab, the insurance company is wanting to settle my case. I have no problem with this, however I do not know what the value of my settlement might be. I no longer have an attorney. He dropped out of contact since there was no money coming his way from the insurance company during rehab. So I am going to have to figure out how much to settle for on my own. I am only slightly disabled, thank God, and am in the market for a job. But with the economy there is not much out there. The field I have retrained for is a widely varied field with salaries ranging greatly. So how to I determine what would be a good amount to settle for. I am not interested in ripping off the insurance company, but I don't wish to be taken advantage of either. Can anyone help?

  2. #2
    Join Date
    Oct 2006
    Posts
    9,076

    Default Re: Settlement After Voc Rehab

    you need to have a disability rating and discuss your future medical needs with your doctor.
    http://www.wcc.ne.gov/faq_employees.htm#6

  3. #3
    Join Date
    Feb 2009
    Posts
    3

    Default Re: Settlement After Voc Rehab

    I had all of that done before I entered Voc Rehab. Do I need to do it again?

  4. #4
    Join Date
    Feb 2009
    Posts
    126

    Default Re: Settlement After Voc Rehab

    Quote Quoting wayne.m.owens View Post
    I had all of that done before I entered Voc Rehab. Do I need to do it again?
    What was your injury? why would your lawyer back out ?what was your previous job? what is the new field?

  5. #5
    Join Date
    Feb 2009
    Posts
    3

    Default Re: Settlement After Voc Rehab

    I was fused from L4-S1.

    My lawyer has not accepted my phone calls or returned my e-mails in over two years. Pretty much the entire time I was in Voc Rehab. So you would have to ask him what his problem is.

    My previous job was that of pressman at a newspaper. This required 8 hrs of standing on concrete a day and the handling of 1/2 ton plus size rolls of paper.

    My degree is in Christian Ministries although as of yet I have been unable to find full time employment as I am currently living in a state with nearly 10% unemployment. I hope to be an associate Minister in a church.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,941

    Default Re: Settlement After Voc Rehab

    The potential value on your claim is based on your impairment, and the PD rating you received when you were determined P&S/MMI.

    When are permanent disability benefits paid?
    After the employee has been released from medical treatment and is able to return to work, if the medical evidence indicates that the employee has suffered permanent disability due to the injury, the employee is entitled to payment for the degree of permanent disability sustained.

    The employer/insurer may offer payment in a one time lump sum, or over a period of weeks. A lump sum settlement must be approved by the court in order to be binding on the parties and terminate the employee's right to any further benefits. A settlement may provide for payment of future medical expenses incurred by the employee if all the parties agree. If permanent disability benefits are paid over a number of weeks without a lump sum settlement, a claim for benefits due to increased disability or further medical treatment may be made at any time within two years of the date of last payment of compensation.
    Additional information on benefits is here...http://www.wcc.ne.gov/faq_employees.htm#6

    If you have been receiving bi-weekly payments based on that rating, and those have stopped, that would indicate your award has been fully satisfied.
    The only issue remaining to be settled is the medical entitlement.
    Selling your medical may or may not be in your best interest.... something to think carefully about.

    IF you will be Medicare eligible within 30 months of any settlement that affects your medical benefits, you must take Medicare interests into consideration. That may include determination on a WCMSA/setaside account.
    The new laws require that your claim be noticed to CMS/Medicare because it contains medical treatment. Even if a WCMSA is not required, you could be required to deposit any money you do receive for FMT into a seperate account and prove the money has been spent on treatment to this injury/body part before Medicare will provide benefits when you do become eligible.

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