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  1. #1
    Join Date
    Apr 2009

    Red face My Settlement Offer Came in Today from Back Surgery - What Do You Think ?

    hi ,I am new to this ,I have read others posts and wondered about the settlement amounts for back surgery ..I was making 10.28 hr. hurt my back at work in sept. of 08 ..back surgery right away as one of my disks had basically ruptured and put disk fragments in my back 2 disks were removed and 1 was still buldging (dont know why it was not also removed??) but surgery relived that awful pain shooting down my leg and I could walk again (before my leg would give out and I would fall ) long story short ..had surgery ..NO rehab , but that was fine as I wanted this all behind me and want to work ,3 kids to support and disability check totaled 1,100 a month not to complain but that covered the rent ..I was planning on 10.28 an hr. with lots of overtime ..anyway I had a f.c.e. raiting that put me in a light to medium category because I did not have a full recovery it seems like I cant do anything anymore ..then I was approved for voc. rehab but that is another story ..and I had my final rating last month and the offer came in today at 22,500 and after the lawyers fee I will clear 17,000 .....UMMMM lawyer said low offer because of 10.28 hr. I am 38 yrs. old and my disability was 13% ..what do you think ???? please let me know a.s.a.p I wanted to know if you think that is fair or what I should do ..thanks in advance

  2. #2
    Join Date
    Feb 2007

    Default Re: My Settlement Offer Came in Today from Back Surgery ? What Do You Think ?

    NV statute provides the rules for a C&R/Compromise and Release or settlement of a comp claim...
    2. If the claimant elects to receive his payment for a permanent partial disability in a lump sum pursuant to subsection 1, all of his benefits for compensation terminate. His acceptance of that payment constitutes a final settlement of all factual and legal issues in the case. By so accepting he waives all of his rights regarding the claim, including the right to appeal from the closure of the case or the percentage of his disability, except:
    (a) His right to:
    (1) Reopen his claim in accordance with the provisions of NRS 616C.390; or
    (2) Have his claim considered by his insurer pursuant to NRS 616C.392;

    (b) Any counseling, training or other rehabilitative services provided by the insurer; and

    (c) His right to receive a benefit penalty in accordance with NRS 616D.120.

      The claimant, when he demands his payment in a lump sum, must be provided with a written notice which prominently displays a statement describing the effects of accepting payment in a lump sum of an entire permanent partial disability award, any portion of such an award or any uncontested portion of such an award, and that he has 20 days after the mailing or personal delivery of the notice within which to retract or reaffirm his demand, before payment may be made and his election becomes final.

    3. Any lump-sum payment which has been paid on a claim incurred on or after July 1, 1973, must be supplemented if necessary to conform to the provisions of this section.

    4. Except as otherwise provided in this subsection, the total lump-sum payment for disablement must not be less than one-half the product of the average monthly wage multiplied by the percentage of disability. If the claimant received compensation in installment payments for his permanent partial disability before electing to receive his payment for that disability in a lump sum, the lump-sum payment must be calculated for the remaining payment of compensation.

    5. The lump sum payable must be equal to the present value of the compensation awarded, less any advance payment or lump sum previously paid. The present value must be calculated using monthly payments in the amounts prescribed in subsection 7 of NRS 616C.490 and actuarial annuity tables adopted by the Division. The tables must be reviewed annually by a consulting actuary.
    The value of your lump sum payment is reduced to 'todays dollars', meaning if you were to take the payments over time, you would receive the full amount, taking the money now, the state allows the ER/IC to reduce that amount by the potential value of the money if it were deposited in an interest bearing account. You can wait for the money to 'grow' just like the ER/IC could.

    The statute also provides for the amount of a potential settlement.
    NRS 616C.490 Permanent partial disability: Compensation. 6. The rating physician or chiropractor shall provide the insurer with his evaluation of the injured employee. After receiving the evaluation, the insurer shall, within 14 days, provide the employee with a copy of the evaluation and notify the employee:

    (a) Of the compensation to which he is entitled pursuant to this section; or
    (b) That he is not entitled to benefits for permanent partial disability.
    7. Each 1 percent of impairment of the whole man must be compensated by a monthly payment:
    (a) Of 0.5 percent of the claimantís average monthly wage for injuries sustained before July 1, 1981;
    (b) Of 0.6 percent of the claimantís average monthly wage for injuries sustained on or after July 1, 1981, and before June 18, 1993;
    (c) Of 0.54 percent of the claimantís average monthly wage for injuries sustained on or after June 18, 1993, and before January 1, 2000; and
    (d) Of 0.6 percent of the claimantís average monthly wage for injuries sustained on or after January 1, 2000.

      Compensation must commence on the date of the injury or the day following the termination of temporary disability compensation, if any, whichever is later, and must continue on a monthly basis for 5 years or until the claimant is 70 years of age, whichever is later.
    If you are eligible for VR benefits, you could also receive maintaince allowance... NRS 616C.575 Payment of vocational rehabilitation maintenance.

    You should probably read through the WC act and be familiar with the rules before you agree to any lump sum payment that closes your claim. Then if you have questions...sit down with your atty and get a clear explanation. Only you can decide to take the lump sum or not...

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