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  1. #1
    Join Date
    Sep 2016
    Posts
    3

    Default Settlement for an On-the-Job Hand Injury

    I went to a sketchy health care center to get stitched up and it wasnt done properly so I got a Hand specialist to give it a look and he recommended surgery had that back in May. So my attorney said hey there lawyer wants to settle with you throw him a number so we did and and then there attorney says hey never mind my employer doesn't want to settle with us.Now we had a court date set for the penalties they owed me but we agreed to settle that part out of court.

    I am now released by my doctor with a %20 ppd rating to my finger and %2 ppd rating to my hand.

    This is where it gets sketchy to me now my lawyer has private conversations wit there attorney and he told me there attorney asked me again if I were interested in a settlement but now he says he only wants to make a offer of 7500 and the original offer was way higher than that.I told him no I dont want that lets go to court.He say we cant go to court and they dont have to pay me anything now.Surely I should be entitled to go to court right

  2. #2
    Join Date
    Oct 1971
    Posts
    4,735

    Default Re: Im Being Screwed by My Attorney

    koolgus
    I am now released by my doctor with a %20 ppd rating to my finger and %2 ppd rating to my hand.
    You're expecting too much from an injured finger.
    The loss of a finger is only worth 20 weeks of PPD benefits.
    You have a 20% rating meaning you're only eligible for four weeks of benefits.

    1221. Temporary total disability; permanent total disability; supplemental earnings benefits; permanent partial disability; schedule of payments
    (c) For the loss of any other finger, or a big toe, sixty-six and two-thirds percent of wages during twenty weeks.
    http://law.justia.com/codes/louisian...-23/rs-23-1221

    Don't look to get rich from an injured finger, it ain't gonna happen.

    Tony
    Moderator Responses are based on my personal bias, experience and research - they may not be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Sep 2016
    Posts
    3

    Default Re: Im Being Screwed by My Attorney

    Quote Quoting tony View Post
    koolgus You're expecting too much from an injured finger.
    The loss of a finger is only worth 20 weeks of PPD benefits.
    You have a 20% rating meaning you're only eligible for four weeks of benefits.

    1221. Temporary total disability; permanent total disability; supplemental earnings benefits; permanent partial disability; schedule of payments
    (c) For the loss of any other finger, or a big toe, sixty-six and two-thirds percent of wages during twenty weeks.
    http://law.justia.com/codes/louisian...-23/rs-23-1221

    Don't look to get rich from an injured finger, it ain't gonna happen.

    Tony
    Not looking to get rich but a reasonable amount would be nice after everything and the pain and leaving me jobless I've seen people get more money without having surgery I've had 2 and that offer is a slap in the face I rather have a judge tell me what its worth.

  4. #4
    Join Date
    Oct 1971
    Posts
    4,735

    Default Re: Im Being Screwed by My Attorney

    Quote Quoting koolgus View Post
    Not looking to get rich but a reasonable amount would be nice after everything and the pain and leaving me jobless I've seen people get more money without having surgery I've had 2 and that offer is a slap in the face I rather have a judge tell me what its worth.
    Pain, hardships or the number of surgeries aren't considered, the judge will tell you exactly what the above code says - it's a scheduled loss, nothing more.

    Tony
    Moderator Responses are based on my personal bias, experience and research - they may not be accepted in the legal community, always consult an attorney.

  5. #5
    Join Date
    Sep 2016
    Posts
    3

    Default Re: Im Being Screwed by My Attorney

    I'm being wronged and I can tell your just thinking I'm trying to get rich when I'm not the place they sent me messed up my hand my doctor corrected it left me out of work for a year and I'm now jobless and he tells me they dont have to give me anything when I had my deposition I was told its a open an shut case with compensation and now I'm just on my own and I can tell by the sound of my lawyer he wants to give up.I decided not to go the settlement route and leave my case open an see a doctor again.

  6. #6
    Join Date
    Oct 1971
    Posts
    4,735

    Default Re: Im Being Screwed by My Attorney

    I don't think you're trying to get rich, I think you're being unrealistic.
    You have an injured finger, not a broken neck - it's not worth much.

    Tony
    Moderator Responses are based on my personal bias, experience and research - they may not be accepted in the legal community, always consult an attorney.

  7. #7
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,672

    Default Re: Im Being Screwed by My Attorney

    You are not being screwed by your attorney.

    There is no such thing as an "open and shut" case. If you have a scheduled injury (20% to a finger and 2% to the hand are scheduled injuries) then how much you can get is a simple math equation, just like Tony points out above. So do the math.

    Earlier in a case before all the facts are known, cases sometimes have higher settlement values due to the uncertainty. But when the uncertainty goes away, which is what happens when you get rated and released by the doctor, it becomes a third grade level math problem. 2 + 2 still equals 4 no matter how much you want it to equal 129. Good luck.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  8. #8
    Join Date
    Mar 2010
    Location
    chicago
    Posts
    518

    Default Re: Im Being Screwed by My Attorney

    workers comp doesn't pay for pain and suffering. pi does. even though you feel youre getting the short end of the stick you just need to buckle up buttercup and deal with what you have in your situation. yes, you might have lost your job, but its up to you to move on and work the rest of your life . good luck

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