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  1. #1
    Join Date
    Sep 2010
    Posts
    4

    Default Ready to Settle

    HI I am 36 yo male. I have had 3 lumbar fusions in the past 5 years. In the second surgery(12/08) the dr did Nerve damage and now I have to use a catheter 5 times to pee, for the rest of my life... I had surgery in 6/10 4 level fusion and Axilift procedure.NuroSurgin gave me a 35% chance for any improvement. I am hurting a lot and I can't bend at the hip. I start PT next week.. So I not at MMI ... But my lawyer told me today that WComp wanted to settle. He suggested I settle but leave Medial open.B/C My meds and catheters are 3000.00 a month plus Fr visits.. Should I even be thinking about settlement right now.. I am TTD right now and think i can get that for 450 weeks and then settle for another 450 weeks of PPD too. Or do you only get 450 weeks total for both ?? what should I do? Thanks

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Ready to Settle

    Getting a ''second opinion'' on a message board on what you should do isn't a good idea.
    No one here knows the facts of your injury/claim other than what you provide...not saying it's untrue, only that this is not complete.

    Listen to your atty. The benefits in WC are limited. As you know, the weekly checks don't go on forever.
    Info on WC in MS is here http://www.mwcc.state.ms.us/faq/_generalfaq.asp
    Probably a better site here http://www.workerscompensation.com/mississippi.php

    All states are different in how claims are handled, and benefits paid.
    Your atty is the best source of information on your claim. Whether or not you should settle this out really should be discussed with him/her.
    Good luck...

  3. #3
    Join Date
    Oct 2006
    Posts
    9,078

    Default Re: Ready to Settle

    it is a maximum amount that is 450 weeks only if you are at maximum rate.
    http://www.mwcc.state.ms.us/faq/_rates.asp#2010
    leaving your medical open makes sense if you are still undergoing active treatment.
    if you don't trust your atty you can change at any time.

  4. #4
    Join Date
    Sep 2010
    Posts
    4

    Default Re: Ready to Settle

    thanks for your reply.You are right and I do trust his judgement. I meet with him next week but when he called yesterday I started thinking about it. So I started looking around online and thought I would ask about it..Thanks again and have a nice day..:-)

    ---------- Post added at 11:10 AM ---------- Previous post was at 10:36 AM ----------

    I just wonder if nows the time to even meet and talk about settlement 3 months out of surgery. With no ratings or anything and still under active treatment. Is it common for a IW to settle with WC at thins point, even with the medical open. I thought you had to reach MMI before settling.. What are they basing the % of my disability on? I will meet with my lawyer soon. I wanted to research and know what to expect and what questions to ask.. Thanks[COLOR="Silver"]

    ---------- Post added at 11:30 AM ---------- Previous post was at 11:10 AM ----------

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Ready to Settle

    A claim can be settled out by cash payment at any time the parties can come to agreement.
    C&R money is ''new money'', a cash payment to entice the IW to drop further claim for benefits to this injury.

    Traditionally, not generally or common, a claim resolves once the IW reaches MMI, is rated and indemnity is determined.
    The default in most states is continuing disability payments until the indemnity is satisfied, and access to future medical.
    There is no mandatory settlement, you can't force a lump sum payment... and as a rule, the medical would be closed in a C&R. You would be agreeing to accept all further liability for this injury out of your pocket.

  6. #6
    Join Date
    Sep 2010
    Posts
    4

    Default Re: Ready to Settle

    Thanks for the info.. Do they base the settlement amount on what it would to cost to treat the conditions for balance of my life? I have been told by my Dr's that I will be totally disabled for life.Is there a cap on C&R and if I decide leave medical open does it have a cap over my life time? Thanks again

  7. #7
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Ready to Settle

    In any settlement you are paid for the indemnity associated with the PD rating. That's is your compensation for suffering the loss of earning capacity.

    You are not ''entitled'' to any money for future medical care... there is nothing that says the medical must be settled out by case.
    WC is about the liability of the ER for injury, that includes medical care.
    If you cash that out, regardless of the amount of money, you are agreeing to accept that liability and release the ER/IC from all further liability. If you require continuing medical for your injury, it's not in your best interests to cash out the medical.

    You take the continuing payments/benefits based on rating and indemnity due, and future medical care.
    You will NOT be paid enough money for the potential cost of medical you may face.
    The carrier isn't going to pay for meds you take now with any assumption it would be for life. There is no guarantee you'll live long enough to exhaust that money.
    You don't "decide" anything in a cash settlement, you agree with the carrier on the outstanding issues to be resolved by cash payment to drop the claim.

  8. #8
    Join Date
    Sep 2010
    Posts
    4

    Default Re: Ready to Settle

    Hi thanks again.. So If I settle right now with medical open who looks out for me after my lawyer gets his cut? Do I have to rehire or get another lawyer to see to it WC does not give me the run around? If thats so I just need to put settlements off until at least MMI. At lease I will have an lawyer working for me? Does that make scence?

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