Does WC use the same standards as SSA to determine disibility?

[Karebear]

I have had two cervical surgeries and am now fused from C4 to C7 with plating. I have since won my SS claim and am receiving benefits. Now it's time to settle the WC claim.

My question is if I am considered disabled by SS will I automatically be considered disabled by Illinois WC.

WC carrier wants to settle based on 40% disability. My attorney is recommending settling. Then I realized that going to trial to get permanent disability he would only get paid $16,000 more than what he is getting paid and that would be spread out monthly for 364 weeks instead of one lump to him. I on the other had would be paid for life and say I live 20 years I would be getting approximately $500,000 more than they are offering to settle.

Now, I am questioning my attorney motives for recommending settling.

[backless]

W/C and SSDI are different,at least in Fl,but most states are similar computing disability.They use a book ADA guidr to or for disability I think its called,Each body part basically has a number assigned and calculated to give you a disability.SSDI simply says,you are or not disabled.W/C is not as easy.They base benefits on your degree of disability.I too had a perm/total disability case.Yet I was advised to settle,understand,W/c has the ability to drag you in for evaluations anytime if they are paying you.They can also stop benefits if they believe you have recovered and you may need to go to court to get them back,if you win.Only to have it happen again and again.Its all about numbers to W/c.If its cheaper to pay you x amt.a yr.and pay the medical bills at the much SMALLER rate we would normally pay,they will knowing sooner or later you may want to settle.Of course settlement means niether party gets what they want.If in your lifetime their POSSIBLE EXPOSURE is $500,000,they might offer $100,000 to settle,you might mediate $250,000,they saved 250,000 you got you life back.But know too,often they require you to resign and you will never get another penny from them.My atty.was more than fair,said it was up to me alone to make final decision,but did tell me about the pro's and con's.It could be yrs.before trial,with a not so pretty outcome for me.My knees are bad,so is my back,however,there are jobs they will prove I can do,they will spend far more time and money to prove my abilities than SSDI did in my 20 minute ALJ hearing.My atty said,unless I was a blind quadrapelegic caused by my on the job injury,I will have a fight for perm/total.Our calculations for W/C exposure was about $700,000,he sent a offer of settlement for half that.They basically laughed and we mediated for little more than $120,000,atty got a third.Another thing to consider,SSDI is looking into W/C settlements,they feel they should NOT be responsible for the future care of people that received W/C settlements and look to attach offsets to awards for W/c to assist in medical care in future.Be sure o speak to atty.about it.in closing,(sorry long post,but I was there)I think you should trust your atty.Based on what you post,I understand your a SSDI recipiant and have serious disabilities,but I dont think W/C's guidelines will find for you in that capacity.Fight em hard,but settlement may be the answer.Good luck.

[Mariaa]

If you sign anything that allows WC to proceed with authorization for settlement or check into Medicare Set Aside then you are authorizing WC to go ahead and do this for you.

Do you really want to settle? If you've got Future Medical do you want to keep this going?

I just spoke w/an attorney who basically said I don't have to settle and not to sign anything if I didn't want to.


I've been deemed totally permanently disabled since 2000 and have been receiving SSDI benefits. My disability is based on my low back.

In this sense I don't know if that would make any difference in terms of settlement as I don't know WC law at all.

In my case there has been an authorized surgery for 2 lumbar levels but I've not yet had it done so was thinking that before and after the surgery the settlement amount would likely be different..

[Bitzer]

I just wondering what you mean by before or after surgery as I'm in the same situation with W/C wanting to either settle or surgery.