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  1. #1
    Join Date
    Jul 2015

    Default Settling With Workers Comp While a Third Party Lawsuit is Pending

    Hello everyone. I have been on workers' compensation for well over three years now. I have a total of two injuries with two separate claims. The first injury happened in February of 2012, and the second injury came a year later while employed with the same employer in January of 2013. For the first injury I did not have any surgeries and a year after the injury I received my rating and received PPD until 2014. The insurance finally approved treatment for the second injury which I required surgery. I had the surgery and went through all post op treatments. Finally a year after my surgery which is this year2015, I was given my MMI rating and started on PPD.

    My comp rate has dropped drastically and now I do not know what to do. I do have a third party suit that is ongoing as of earlier this year for the second injury. I was told that it would not be wise to settle with workers comp while the third party suit is still in litigation. To me this seems ridiculous. We are facing homelessness and I am the only bread winner with 4 children. Has anyone else been in this situation and if so where is the light at the end of the tunnel? Why are the insurance companies allowed to rape the injured workers like this? I can no longer go back to my pre-injury work. I was given a 43% disability rating and now I'm left out to dry. I have already filled out all the paper work for vocational rehab.. What A NIGHTMARE!!!

  2. #2
    Join Date
    Aug 2012

    Default Re: Is Anyone else Going Through This Same Nightmare with the Workers' Comp

    Unfortunately, that's the way it is with us injured workers. You do have a lawyer, right? If not, find a good one, and tell him what's going on. Have you looked at getting SSDI?

  3. #3
    Join Date
    May 2007

    Default Re: Is Anyone else Going Through This Same Nightmare with the Workers' Comp

    That is a complicated fact pattern. You need experienced representation to resolve the comp case under the terms that best reduce what WC will get out of your third party case. Not something you should try to do on your own, quite frankly,
    James F. Aspell
    Board Certified Worker's Compensation Specialist
    A.M. Best Recommended Insurance Attorney
    Designated "Superlawyer"
    Law Offices of James F. Aspell, P.C.


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