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  1. #1
    Join Date
    Sep 2022
    Posts
    1

    Default Just Finished Trying to Settle My Case - but Alot of Confusion

    Help! I was recently injured while on a "ticket back to work" through Colorado State as I was already disabled trying to go back to work and start fresh as I was kind of starting to feel like I could try to start working again. I was injured severly with a broken back 3 years ago and have been through nothing but problems since. I understand that there is an offset with SSDI and collecting Work Comp benefits, which is absurd, since I was already disabled to begin with, but NOW, I am completely unable to EVER work again. I was awarded a large settlement, but have some questions, as I was only awarded a very VERY small portion of it due to the offset (which apparently just changed last year). Is there something that can be done or helped for those that were already disabled and then hurt again while trying to go back to work under the laws of Colorado? I was trying to do everything right, by the book and the way they wanted me to, but my employer used me and took complete advantage of my situation. I understand that there are things that have to be taken into consideration with the offset before it is deducted (attorneys fees, etc). Is this even right?

  2. #2
    Join Date
    May 2010
    Posts
    660

    Default Re: Just Finished Trying to Settle My Case - but Alot of Confusion

    Quote Quoting RSR Home View Post
    Help! I was recently injured while on a "ticket back to work" through Colorado State as I was already disabled trying to go back to work and start fresh as I was kind of starting to feel like I could try to start working again. I was injured severly with a broken back 3 years ago and have been through nothing but problems since. I understand that there is an offset with SSDI and collecting Work Comp benefits, which is absurd, since I was already disabled to begin with, but NOW, I am completely unable to EVER work again. I was awarded a large settlement, but have some questions, as I was only awarded a very VERY small portion of it due to the offset (which apparently just changed last year). Is there something that can be done or helped for those that were already disabled and then hurt again while trying to go back to work under the laws of Colorado? I was trying to do everything right, by the book and the way they wanted me to, but my employer used me and took complete advantage of my situation. I understand that there are things that have to be taken into consideration with the offset before it is deducted (attorneys fees, etc). Is this even right?
    With a situation that complicated, I sure hope you had or have an attorney? Its not crazy to have a SSDI offset. I would of been making more money injured than working. Just imagine how many would try to pull the wool over the eyes of the employer and SS administration? The phony WC people make it very difficult to those like you and me that were disabled by a horrific accident!

  3. #3
    Join Date
    Oct 1971
    Posts
    5,299

    Default Re: Just Finished Trying to Settle My Case - but Alot of Confusion

    NOW, I am completely unable to EVER work again. I was awarded a large settlement, but have some questions,
    Is there something that can be done or helped for those that were already disabled and then hurt again while trying to go back to work under the laws of Colorado?
    Possibly but you already settled, that case is closed.
    You should've consulted a lawyer before accepting the settlement, now your case is closed, it can't be reopened.

    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.

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

    Default Re: Just Finished Trying to Settle My Case - but Alot of Confusion

    You were "awarded" a large "settlement?" That does not make sense. Settlements are negotiated and not "awarded" by the industrial commission or courts. If you had a settlement, then language can be put in those to minimize the SSD offset going forward. If you got a lump sum awarded by a court for past due TTD benefits, then there is no was to reduce the SSD offset pertaining to the time period of those TTD benefits. But something about your post does not seem right. It may be that you don't have a complete understanding of what happened, or you are using the wrong terminology to explain it.
    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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