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Thread: Settlement

  1. #1
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    Default Settlement

    So here's whats up my adjuster wants to settle and wants a number so they can run numbers to my ex employer to see if they approve it if not its a no go why do they have a say so in the settlement ?

  2. #2
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    Default Re: Settlement

    Quote Quoting pontiac48209 View Post
    So here's whats up my adjuster wants to settle and wants a number so they can run numbers to my ex employer to see if they approve it if not its a no go why do they have a say so in the settlement ?
    Because they are the insured, they have input whether the amount is fair - it's their premiums that will increase because of it.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
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    Default Re: Settlement

    So if they say no its to much will the insurance company not settle or can they still settle regardless of what my x employer say's.

  4. #4
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    Default Re: Settlement

    Quote Quoting pontiac48209 View Post
    So if they say no its to much will the insurance company not settle or can they still settle regardless of what my x employer say's.
    It depends on how much hell they raise, no one can force either side to settle.
    I would say don't worry about it, what you've described is standard operating procedure, you'll be fine.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  5. #5
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    Default Re: Settlement

    Cool thanks for the reassurance

    Could you tell me what percentage they would offer ? Maybe 80% of L.E.C and of supported care .?

  6. #6
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    Default Re: Settlement

    Quote Quoting pontiac48209 View Post
    Cool thanks for the reassurance

    Could you tell me what percentage they would offer ? Maybe 80% of L.E.C and of supported care .?
    That's not going to happen, you're eligible for 55% of the recognized L.E.C. - Settlements have to benefit the carrier or they won't do it.
    The carrier will offer no more than five years of Partial Disability benefits in a cash out settlement - otherwise they'll pay the claim out in weekly payments and hope you die early.

    The carrier will want to close the claim completely or they won't settle, I doubt they'll leave medical open.
    Only your lawyer can give specific answers to these questions, I'm just giving a general opinion.
    It's best to sit back and see what happens, it's impossible for anyone to predict the future - as long as you have a good lawyer, you should be fine.

    23-1044. Compensation for partial disability; computation
    C. In cases not enumerated in subsection B of this section, if the injury causes permanent partial disability for work, the employee shall receive during such disability compensation equal to fifty-five percent of the difference between the employee's average monthly wages before the accident and the amount that represents the employee's reduced monthly earning capacity resulting from the disability, but the payment shall not continue after the disability ends, or the death of the injured employee, and in case the partial disability begins after a period of total disability, the period of total disability shall be deducted from the total period of compensation.
    http://www.azleg.gov/ars/23/01044.htm

    Unscheduled Injuries
    If you are awarded permanent compensation for an unscheduled injury, you will be compensated for the difference between what you were able to earn before the injury and what you are able to earn now. If you are found to be totally disabled, you’ll be paid two-thirds of your average monthly wage, and if you are found to be partially disabled, you’ll be paid 55% of your average monthly wage.
    http://www.disabilitysecrets.com/res...ompensation-un

    "Supportive" or palliative care is allowable after the employee's condition becomes stationary, even though the Workers' Compensation Act does not specifically provide for such care. See Capuano v. Industrial Commission, 150 Ariz. 224, 722 P.2d 392 (App. 1986).
    http://www.klbllaw.com/benefits.html

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  7. #7
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    Default Re: Settlement

    5 yr's is kind of low considering I'm 45 yrs old. I wont agree to that i was hoping for 80 % of my L.E.C. of 35yrs. but i hope my attorney can do better then 5 yrs. I would like to open a business and get my life going again. getting injured and living off of 55% of my amw sucks. thanks again for all your help.

  8. #8
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    Default Re: Settlement

    pontiac48209
    I wont agree to that i was hoping for 80 % of my L.E.C. of 35yrs
    They'll laugh in your face, that's ridiculous and not allowed by law.
    It doesn't make financial sense to pay more than five years - they'd make payments, earn interest on your money and hope you have an early death before they'd do that.
    If it's not to their benefit, they won't settle.

    I would like to open a business and get my life going again.
    You won't do that with a worker comp settlement, especially in that state.

    Comp only pays a percentage of wage loss and even then there are max payouts, it's not the sky's the limit.
    You are entitled to55% of your L.E.C and not a dime more, you'll be lucky if they pay that.
    They'll claim you don't have a 100% loss of earning capacity, they'll bargain it down to 75% which would knock the payout down to 40%.

    Remember, you're dealing with crooks and a system that's rigged against you, don't expect a fair shake.
    I'm surprised your lawyer hasn't advised you on what to expect, you sound clueless.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  9. #9
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    Default Re: Settlement

    Why would i be lucky to get my 55% L.E.C. if i am getting that already and what max payouts are you referring to?. Thank you for educating me on this issue i could not find anything on the web on amounts paid by carrier and i hate bothering my attorney for petty issues i know they are very busy people.

    Comp only pays a percentage of wage loss and even then there are max payouts, it's not the sky's the limit.
    You are entitled to55% of your L.E.C and not a dime more, you'll be lucky if they pay that.
    They'll claim you don't have a 100% loss of earning capacity, they'll bargain it down to 75% which would knock the payout down to 40%.

    Remember, you're dealing with crooks and a system that's rigged against you, don't expect a fair shake.
    I'm surprised your lawyer hasn't advised you on what to expect, you sound clueless.

    Tony[/QUOTE]

  10. #10
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    Default Re: Settlement

    pontiac48209
    i could not find anything on the web on amounts paid by carrier
    I just posted the statute above, here I'll repost it.

    23-1044. Compensation for partial disability; computation
    C. In cases not enumerated in subsection B of this section, if the injury causes permanent partial disability for work, the employee shall receive during such disability compensation equal to fifty-five percent of the difference between the employee's average monthly wages before the accident and the amount that represents the employee's reduced monthly earning capacity resulting from the disability, but the payment shall not continue after the disability ends, or the death of the injured employee, and in case the partial disability begins after a period of total disability, the period of total disability shall be deducted from the total period of compensation.
    http://www.azleg.gov/ars/23/01044.htm

    Settlement amounts for a particular case is confidential, would you want your settlement posted for public viewing?
    There are no average payouts, each case is unique - it all depends on your wages, age, education, degree of impairment, your local job market and other factors.

    Why would i be lucky to get my 55% L.E.C. if i am getting that already
    If that's what you're getting, what makes you think you're eligible for 80%?
    Read section D, that's if you have a 100% loss of earning capacity, when it comes to settlement time, they'll contest that.

    D. In determining the amount that represents the reduced monthly earning capacity for the purposes of subsections A and C of this section, consideration shall be given, among other things, to any previous disability, the occupational history of the injured employee, the nature and extent of the physical disability, the type of work the injured employee is able to perform after the injury, any wages received for work performed after the injury and the age of the employee at the time of injury. If the employee is unable to return to work or continue working in any employment after the injury due to the employee's termination from employment for reasons that are unrelated to the industrial injury, the commission may consider the wages that the employee could have earned from that employment as representative of the employee's earning capacity. A determination of earning capacity that is based on wages that could have been earned from previously terminated employment is subject to change under subsection F of this section and an employee retains the right to later establish that the employee's reduced earning capacity is related in whole or in part to the industrial injury

    i hate bothering my attorney for petty issues
    Explaining how settlements are figured and what to expect isn't "petty" that why you have a lawyer.
    The above is a realistic way to look at it, even then I'm being generous - these guys have ways of screwing people.
    Last edited by tony; 01-23-2017 at 01:27 PM.
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

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