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  1. #1
    Join Date
    Jul 2017
    Posts
    1

    Default Offered Lowball Settlement

    Hi and Thanks for any input. I was a Tree forman [28 years] and about 2 years ago I fell and injured my Rotator Cuff on my Right dominate side. I've been on WC since and completely unable to return to work. Fast fwd I've had 3 surgeries and am worse then Before surgeries. The Doc says I will not be able to return to work. I just finished doing the tests for determining my Level of Disability Tests, waiting to see what I scored. I got a call yesterday from WC Case manager offering me a low settlement and I said no. He then offered another. I said Need to talk to wife. I have no idea what my disability limit was scored at and can't make that decision. Here's the issue. Me and my wife spoke to a lawyer a few weeks ago and he said we are eligible for up to 500 weeks WC payments. I've only used 45 weeks or so. My shoulder is destroyed, barely able to use it and the pain is non stop, the bicep is destroyed and I can't lift or barely write. Unable to tolerate Physical Therapy. Add to this my wife & I are raising our 2 year old grand daughter. And my wife is perm disabled.

    So I guess I need input on what I should consider a realistic settlement with consideration to all these matters and the reality I can't work anymore.

    Thanks in advance.

  2. #2
    Join Date
    Dec 2016
    Posts
    19

    Default Re: Offered Lowball Settlement

    Papa
    I feel your pain. I just had neck surgery ACDF in Feb 2017 and R shoulder surgery in June 2017 and scheduled L shoulder in Nov 2017. It is very difficult to describe the amount of pain that comes with shoulder surgery unless you have had it. You must find the strength to endure Physical Therapy. It will have serve impact on your WC case. I will get better with therapy. See my post and you will understand why I say you must get a WC attorney. There is one on the forum who is very good and is a great source of info even to those who have another atty. His name is Bob Bollinger, he has offered tremdous support and advice. Do not settle without talking to him or another WC Atty. It could cost you tens of thousands of dollars, if not hundreds of thousands.

  3. #3
    Join Date
    May 2010
    Posts
    589

    Default Re: Offered Lowball Settlement

    Please the only thing, is the best thing you can do, lawyer up ! This is serious business, and they have full time lawyers on their side....Fight fire, with fire!

  4. #4
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,748

    Default Re: Offered Lowball Settlement

    Papa2015 --- Forget about the rating. If you are unable to work due to the injury, then you don't have a "ratings case." Your work restrictions are the most important piece of the puzzle right now. You may be eligible for continued TTD for up to 500 weeks from first onset of disability. GS 97-29. But the insurance company will push you to take the rating, and not tell you the truth about your options. Trust me on this point.

    You need to be doing a diligent and reasonable job search, however, and carefully document everything you do in that regard, so that when the time comes, you can prove you are disabled under the work comp laws. I have an article on my web site about "proving disability" that may provide you with some guidance. (Click on my signature to get to my web site.) I also have this article on AVVO.com that explains why the PPD rating may not be the best deal for you:

    https://www.avvo.com/legal-guides/ug...c-workers-comp
    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 and Board Certified Specialist in NC Workers' Compensation Law

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