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  1. #1
    Join Date
    Jul 2010
    Posts
    3

    Default Looking to Settle After 10 Years

    Hi i'm looking to Settle After 10 Years with my WC case!

    A little history, I have not worked in the past 10 years. A construction worker for 20 years, I fell off a roof, brook my leg, just about cut off my ear, busted some teeth, and most of all had a TBI (Traumatic Brain Injury ), Complications for TBI = Diplopia (double vision), cognitive difficulty thinking, memory problems, attention deficits, mood swings and frustration.

    My doc gave me a 66% imperment. I receive $950 mounth for WC, I'm not getting SSI or SSD ( I have personal problem with them frustration over disabled kids ) we will leave it at that for now . They give me four Neurology Doc visits a year and one eye Doc visits, with eye glass, Bad part about this is I have 100k lean on my WC acount because I got a jugment for the biulder inc. So I have to incure 100k in medical bills before they will pay any more medical excluding the four Neurology Doc visits a year and one eye Doc visits, with eye glass. I have never recieved Financial compensation for the Traumatic brain injury or the brooken leg or Diplopia. (Not shure if it's to late for any of that)

    What I have been thinking for a settlement is around $375000.00 I would like 150k put in a structured settlement payments plan.
    Where I have come up with this amount is loss of income and payment for the injury I recieved.
    $7.25h*40h*52m*25y = $375000.00
    Can any tell me if this sound Realistic and how to start the prosess

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: Looking to Settle After 10 Years

    No...it's not sounding reasonable. You are not paid for 'future lost wages.
    You are paid/compensated for your loss of use, or reduced earning capacity.\
    Furthermore, you cannot force a lump sum cash payment.

    There are apparently other issues here, a 3rd party action, you mention a 100K credit being taken by the WC carrier. So you already rec'd compensation for your injury in that settlement.

  3. #3
    Join Date
    Jul 2010
    Posts
    3

    Default Re: Looking to Settle After 10 Years

    ok i'm looking at cutting ties with works comp is there anyway to settle with them or should i just bit my lip and fight SSI not that I wont anything to do with them

  4. #4
    Join Date
    Jul 2010
    Posts
    3

    Default Re: Looking to Settle After 10 Years

    ok is there anyway to settle with them if I try and go back to work at some time my work comp pay will drop off and if I go back to work my SSI retirement moneys will fall. Right now I expect to get $1000 mounth for SSI and if go back to work it will drop. Because I know I will not make 50k a year at Wallmart or Home Depot or any place I find a job. Thats if I could find a job right now with my problems I have or beable to keep any job with my cognitive problems.
    ok as for the 3rd party action. The case was filled past a 1 year for some reson. I think they filled the papers late for some reson not sure because of my head injuy. I was not all there and then I find out they have that lean on my future medical. (things the commen men don't know) So because I sue the builder for his negligence that mean I don't get any compensation form the WC for my injurys?
    or should I just fight SSI me and SSI don't get along at all I have 2 disabled kids and they have never helped them even after my fall it's allway you make to much ( one time it was only $10 to much so no help for my kids )

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: Looking to Settle After 10 Years

    You should apply for SSDI as well as the SSI. SSI is asset based...

    You cannot force the WC carrier to buy you out. and IF they do, it would be in THEIR best interests...only to get rid of you and close the file. If you require continuing medical care, you should not close the claim.

    Work within what you have available...there is little chance you can be successful in manipulating the sytem...many many have tried...few if any have been successful. WC just isnt' set up that way.

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