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  1. #1
    Join Date
    Jun 2019
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    2

    Default Worker Comp Settlement

    Im 54 years old. I have awork injury to dominant hand arm and shoulder. Job found a position for me using only left hand but when QME report came they laid me off saying I dont fit the job position I was hired for. I made 13.25 hr 6 hrs a day when I left they only gave $300. Now I receive a workers comp stating I will only get $430 every 2 weeks. I have a lawer. QME says 14 percent permament disable and will need future medical care. No lifting pulling grasping pushing no driving over 6 hrs. Job sent settlement offer of only $11,000 . I called attorney and told him I refuse this offer. I go to hearing in 2 weeks. . Im constantly in pain everyday Dr refused surgery said he doesn't want to make injury worst. Do I tell attorney to ask for more money. Im thinking of my future who is going to hire me at my age when I cant use my dominant hand and be in pain all day. How much should I be asking for. I cant live off $11,000 rent alone is 1400
    What should I do at this hearing.

  2. #2
    Join Date
    Oct 1971
    Posts
    5,035

    Default Re: Worker Comp Settlement

    What should I do at this hearing.
    Be quiet and listen to your lawyer.
    With a rating 0f 14% don't look to retire, you'll have to find a job that you can do with the limitation you have.
    What do you mean by "injury"

    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
    Join Date
    Jun 2019
    Posts
    2

    Default Re: Worker Comp Settlement

    Permament disability in dominant rght shoulder arm and hand. Im 54 and looking to no one one is going to hire me when they find out I cant use this hand. Every day Im in pain cant cook or nothing with this hand. I have been injured for a year. I heard that what I make a year xs the last years that I could have worked they will have to pay which adds over a $100,000. Also can I have it go to trial to bring in witness.
    We asked supervisor to get lift machine when all morning she denied us . about a hr before getting off work she trying to get a lift. It was too late. So we had to lift heaviest client which he became combative so we had to prevent him falling. Thats when my shoulder popped out. I recieved no benefits they found me pisition using left had which cause pain. When final report came of permament disability came in. They fired the supervisor and let me go say they dont have a position for me anymore. Why should have to live in pain and cant work for the rest of my life due some one else mistake.

    Also report has other damage neck spine nerves. Generative bone disease has set in with arthritis.

    The injury consist of no pulling grasping holding lifting no reaching basically cant do anything.

  4. #4
    Join Date
    May 2010
    Posts
    584

    Default Re: Worker Comp Settlement

    Quote Quoting Lulu4545 View Post
    Permament disability in dominant rght shoulder arm and hand. Im 54 and looking to no one one is going to hire me when they find out I cant use this hand. Every day Im in pain cant cook or nothing with this hand. I have been injured for a year. I heard that what I make a year xs the last years that I could have worked they will have to pay which adds over a $100,000. Also can I have it go to trial to bring in witness.
    We asked supervisor to get lift machine when all morning she denied us . about a hr before getting off work she trying to get a lift. It was too late. So we had to lift heaviest client which he became combative so we had to prevent him falling. Thats when my shoulder popped out. I recieved no benefits they found me pisition using left had which cause pain. When final report came of permament disability came in. They fired the supervisor and let me go say they dont have a position for me anymore. Why should have to live in pain and cant work for the rest of my life due some one else mistake.

    Also report has other damage neck spine nerves. Generative bone disease has set in with arthritis.

    The injury consist of no pulling grasping holding lifting no reaching basically cant do anything.
    And dont be surprised if the insurance companies says the opposite.....Such as you could answer phones.....Not being a jerk, we are warning you that its not what you think......Its what has been drawn up by law.....I highly doubt if you filed for SS they would think you are disabled? Good luck

    And my I add......WC is no falt.....Dont matter what you said to your supervisor, it has nothing to do with WC.....That would be were a 3rd party suite would matter.
    Last edited by airdale; 06-13-2019 at 08:35 AM.

  5. #5
    Join Date
    Oct 1971
    Posts
    5,035

    Default Re: Worker Comp Settlement

    The injury consist of no pulling grasping holding lifting no reaching basically cant do anything.
    That's not consistent with your rating of 14%.
    You need objective medical evidence to support your complaints of pain - complaints of pain alone is not enough to support your case.

    I heard that what I make a year xs the last years that I could have worked they will have to pay which adds over a $100,000.
    That's if you where totally disabled and had a third party action, even then you'd be in for a fight.
    Comp pays according to your rating times a percentage of wage loss - with a 14% rating, you'll hardly see a hundred thousand dollars.
    You are still 86% whole, you are able to work with restrictions until you heal - you won't qualify for SS or retirement with a 14% rating.

    Listen to your lawyer, get what you can get - lower your expectations.

    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.

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