comp offered settlement

[timm90]

ok i went to a hearing , i am permanant partial , settlement offered. i said to lawyer if i agree i have to close my medical he said yes , he said do not go to docs any more i scratched my head thinking wait i have not signed anything i just said i would settle , can i still see my docs before i decide to settle he said it would take a few months anyway, then why car,nt i be able to see my docs while my case is still open i am from ny, i dont trust this lawyer any more i thinks he is in cahoots with the carrier, looking to get a piece of the pie before even looking at any papers, let alone signing anything , can i be able to change my mind about my settlement as i went home and thought more of this and the offer says its negotiable, does that mean if they want to close everthing on me including medical can i offer my price if it says negiotable, i,m glad i have not signed anything yet, at least i have a few months to think before they bother me with papers, i feel i need to check on this can i find out from the workers comp board in ny what my rights are if i feel i am been railroaded , i dont trust any of them any more i want to think workers comp board is on my side , and be truthful with me , some please help me :confused: i feel the lawyers are lying to me

[caudaequina]

it is tottally your decisoon to settle , you do not have to settle.
your medical coverage will stop on your wc injury when you settle, forever.
this is a very important aspect, if you believe you are still going to need treatment , it will be out of pocket after the settlement.
if you are on ssdi medicare will require a set aside amount that will come out of your settlement, so it will lower the amount you receive.,but Medicare WILL NOW Cover your injury.
remember you do not have to settle in nys, ever, it is totally up to you. if you have ongoing medical , it may be the wrong choice.

[backless]

Hey TIMM,I believe you have been here before.NYS has benefits as long as your considered disabled.Do you receive a check and medical?Your atty is correct.Your medical will stop if they totally settle.Its all about the numbers.I believe you will be subject to evaluations from time to time if you dont settle.I dont recall your disability.but if you will need future sugery(ies)you will be left with the bill,and,W/C gets a large reuced rate for medical then you would have to pay.Same with meds and Dr.visits.Its possible your atty is eager to settle.Perm.partial isnt a big money maker.Has atty tried to fight for perm total.that is where the money is.As for SSDI,they wont give it if your only partial.If you are looking to get SSDI,you NEED to prove total.If you cant get SSDI,medicare is out.You may qualify for SSI /medicaid which is like a welfare.Your income must be low and little assets.I has a W/C settlement for back and knee problems.If you want more info.PM me .My case was in Fl.law is different.But you can compare a bit.

[timm90]

Hey TIMM,I believe you have been here before.NYS has benefits as long as your considered disabled.Do you receive a check and medical?Your atty is correct.Your medical will stop if they totally settle.Its all about the numbers.I believe you will be subject to evaluations from time to time if you dont settle.I dont recall your disability.but if you will need future sugery(ies)you will be left with the bill,and,W/C gets a large reuced rate for medical then you would have to pay.Same with meds and Dr.visits.Its possible your atty is eager to settle.Perm.partial isnt a big money maker.Has atty tried to fight for perm total.that is where the money is.As for SSDI,they wont give it if your only partial.If you are looking to get SSDI,you NEED to prove total.If you cant get SSDI,medicare is out.You may qualify for SSI /medicaid which is like a welfare.Your income must be low and little assets.I has a W/C settlement for back and knee problems.If you want more info.PM me .My case was in Fl.law is different.But you can compare a bit.

hi backless , i am permanant partial dissabled , i get a check for loss wages, i can work whithin my restrictions if i get a job my check will be reduced more i make less ck i get , i had temp job. now i,m not woking went to a hearing comp says i,m getting part time job to stay in my guide lines so my ck wont get reduced, comp says i,m able to find full time work, easy for them to say i was glad i made effort to get a job lasting as long as i did whithin my restrictions they postponed hearing to have a 45 min confrence hearing on this in about a month, after my lawyer says i may win the confrence call but comp will try to appeal it, if they win i will loose my cks my settlement everthing i made a effort to work i kept within my restrictions what game are they playing now lawyer says my offer of my settlement 90,000 which was there last offer to me 18 months ago is stil sitting on the table if i settle i will not have to go through with this confrence call. i feel they are pushing me against a brick wall i feel i never did anything wrong i did what i was told i did find a job even though it was only part time, but at least i was working i guess they feel i am not making enough effort to find a full time job, my lawyer says if i settle i can not go to docs an more i have nor signed nothing yet i only told her i was thinking about it, i am desperate for the money they know it to, i have not done a thing wrong i went in the guide lines and this is what they pull on me i dont know who to trust any more can i go to workers comp board and find out if i can still see my docs my case is still open so why do they stop me from seeing my docs, my medicines i get every month presciptions are in for 5 months do you think i can still get my medicines ,this is so confusing to me i wish i knew what to do i need some one i can trust i know longer trust my lawyer hes just pushing this settlement on me scaring me, saying i can loose every thing dont they realize i,m still injured nerve damage shoulder problem and herniated discs , its been 5 years since i have been on comp and i was classified as permanant partil dissability, my lawyer kept telling me evert time they made a offer to me send back and write NOT INTERESTED so i did. offer kept going up and up and 18 months there was no more offers except 90,000 and i was told its still there for me if i want but will loose my medical, this was a negotial offer does that mean i can give my offer and ask for more, lawyer says this is there final offer, he i,m sure is in cahoots with the ins co, i,m sick over this i need someone who looks out for me not themselves its awful any advice would be helpful, i sent long letter to my lawyer explain why i car,nt see my docs i have not settled nothing yet if she writes back with this proof i will go to workers comp board with this letter to see if this is right, i,m getting taking over the hurdle need sound advice thanks ever so much my case is still open so what games are they paying with me:confused:

[caudaequina]

two main things, once you settler in nys =no more medical.
if you haven't settled you still have medical and can continue to see doctors and get your scripts.
it is totally up to you to settle , i cant stress that enough. it is your choice, you do not have to settle and can continue with medical coverage the rest of your life for your wc injury.
the attorney will take a cut out of the settlement, so remember that in your calculations.
another correction , you can collect ssdi and be partial

[backless]

Unfortunatly ,the W/c carrier wants to fight you.I agree with caudi.your medical and benefits should continue as long as your disabled.But ,as your atty.said.W/C may appeal.Its a tactic they use to tire you down ,put your hands up ,take the settlement ,and close the case.Your atty.does seem to be of the mindset ,settle,give me my $$$ and go away.At least that is how you portray it and it makes sense.The atty.gets paid from the settlement.They are offering you 90000 and your atty.likely gets a third.60000 for a permanent disability is not enough.Again Fl.is different,in fact NY law should be moe favorable and I got alot more.3 herniated disks and torn cartliges in both knees.It seems like your treating Drs have made the case that you CAN work.At least with restrictions,which can be reduced hrs.or minimal job performance.My atty.fought hard for a perm.total disability.We had a good case,but,as you now know ,the W/C carrier can appeal and does.They have atty.s ready for the fight.Its you and your atty.against them.So what to do.You must ask YOURSELF,can I work at something?even a minimal p/tif you truly dont think you will ever be able to work again ,then you may need to fight.I certainly cant ,nor could I in any way give you your answer.Do you have any Drs that are behind you.Or are they all W/C Drs that tend to always favor the W/C company that pays them for their answer.If you have a Dr.that is willing to fight for you.You in better shape for a fight.Did your atty.send you to a Dr.that would assist you in your fight?if not ,then I guess the atty.sees this as a case that should settle and go away.You need medical evidence supported by a Dr to fight on your behalf.Its the way it is.The same holds true for SSDI.I am not in any way trying to put my views against Caudi.But.When it comes to becoming eligible for SSDI.You need to prove total disability.It is possible for W/C to rate you perm.partial and still be Total with SSDI.The requirement are different.But again.You need the Dr and the medical evidence to prove you cannot do ANY work that meets gainful employment.And gainful employment by SSA standards is like 100 dollars a month.Bottom line there is,the medical evidence you have for W/C would likely not work for SSDI because they say you can work.You need to prove that wrong.There in lies your big fight.Fortunatly for me.I had the rare experience of being sent to a well known neuro surgeon ,by W/c that realized the game .He told them whether I had a fusion or not,I could not return to my type of heavy labor,wouldnt be able to sit stand etc etc.Then I was sent to pain mgt.and that Dr also said I not only had injuries from my accident,but also suffered from all kinds of arthritis.That helped my SSDI case.Without the Dr.timm ,I dont see how you can win big.Regardless of what anyone says.W/C is a benefit to the employer.They try and give you the BS that it helps the employee because its a no fault program etc.But once your hurt at work.Its downhill from there,if you have serious injury.And then sometimes people return only to be let go fo NO reason.The right to hire ,right to fire.You might want to have a heart to heart with the atty.tell him you know you are hurt,cant work,realize how atty would like to close the case but you dont see how the 60000 you get will ever be enough to cover your loss.Lastly,as for he SSDI and W/C settlement,if your settlement is written up properly,basically stating that your settlement covers lost wages over your lifetime there may not be a offset.That is something you NEED to talk to your atty.about.You want it written up so you wont have an offset.Again,my case was that way.I have SSDI ,medicare and I get treatment for my back every 8 months with my pain mgt Dr.paid by medicare.

[timm90]

thanks guys for the info, and backless you have been also a great help, i spoke to my lawyer the other day he is getting only 10,000 from settlement leaves me with 80,000 yes docs have said i can work whithin restrictions, lawyer says if comp appeals this i can loose all and i am capable at working tough finding a job whithin my restrictions but i try , i,m tired its been a long 5 years for me, my lawyer said i have been looking for work going state to state i moved from ny to nc then and now i am in fl they will look for exscuses to get rid of me, this is not a great deal of money but i will take money and put it in a investment, economy is getting bad i hate doing this , but they are throwing me against a brick wall its like a threat take it or fight to the bitter end, i deal with the pain some days good some days not so good this money will help a great deal, i need a fresh start i hate being with comp it sucks im a little guy fighting a big ins co , i will do something positive with the money maybe give me a cash flow, i,m not hurting as much as some people i will restrict myself and i will now be able to sleep at night and breathe again its no fun being under the gun , i want my life back, I,M TIRED and i want to thank you all of you for being so supported in this , 5 years is a long road , its not been any kind of life but a watch over my shoulder look, never know whats going to happen and what they have up there sleeve next ,i know you say never give up, i,m sorry i need to at least i can work it will be hard but i will do something smart with the money to make my life easier question does any one know how long the process takes before you get the settlement i asked lawyer he says he has to wait for the papers how long does it take weeks or months i will keep you posted thanks again

[Disabled_Quiller]

The problem with WC is that they think EVERYONE can work. I bet they believe if you're dead you can work as a door stop! The system needs a big overhaul so that it works for everyone. I wonder if the insurance companies were not for profits if things would change? Good luck.