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Workers Comp Claim

Discussions relating to Personal Injury Law

Workers Comp Claim

Postby Caddarik » Sat Nov 26, 2016 3:36 pm

my question is i was hurt in at work and had surgery on my back disc surgery l4 microdisectomy  that is done and i got paid for time off now im back to work working normal with slight pain  . but the workers comp insurance called me and send me mail to settle the case they offering me 15% impairment of hole body 75 weeks at $666 from 500 max weeks what comes to $49999 to settle my case without lawyers i did not ask anything they called me and offered me .

what do i do ?can settle it my self and how

do i take the money and that would be the best solution for me without making my employment at risk ?

is it better to get lawyer and why ?

what can i do to improve my case with the workers comp insurance?

do i have to settle the case ?

what amount can i accept with a lawyer if take him to represent me tell me rough your best guess realistic number?
Caddarik
 
Posts: 50
Joined: Fri Jan 10, 2014 7:25 pm

Workers Comp Claim

Postby Kaylah » Sat Nov 26, 2016 5:03 pm

The Maus Law Firm

Ed, the most important factor affecting the answer to your questions was left out.  That is, what state you live in.  Workers compensation laws, and the benefits you may be entitled to, vary from state to state.  I am a Florida attorney specializing in serious injury and accident claims, including workers compensation.  I can only tell you how the laws work in Florida, so my advice to you is to speak with an accident injury lawyer in your area to get specific advice.

There are many factors that affect a workers compensation settlement.  The primary issue is how much exposure the insurance company has in the future if your claim were to remain open.  For example, what exposure does the insurance company have for future medical care, wage benefits, vocational retraining, is there any exposure to permanent total disability benefits, etc.  Without having a chance to review your medical records, it would be next to impossible to give you an accurate estimate of the settlement value for your case.

Your email indicates the insurance company has offered you $49,999 to settle.  Most likely, the insurance company is referring to "impairment benefits" which are paid out to a claimant based upon the impairment rating given to them by the doctor.  At least in Florida, an insurance company is required to pay these to you once you receive the impairment rating from your doctor, so their offer to pay them to you as a settlement offer seems a little ridiculous.  

The best advice I can give you is do speak with an attorney that specializes workers compensation.  He can advise you what the law is in your area, and what your options are.  Workers Comp in most states is entirely a creation of the State's statutes and as such, all rights you have, and obligations the employers insurance company have, are set out in the Statutes.  You may, and I emphasize may b/c I don't know your State's laws, have rights different than what we have in Florida.  The settlement value of your claim would be based in part upon options that still exist for you within the WC laws of your state.

Most attorneys specializing in workers compensation claims handle the claims on a contingent basis,i.e. their attorney fees are a percentage of any money they recover for you.  In Florida it is usually about 25% of the gross settlement amount.  Most workers comp attorneys also offer a free, no-obligation consultation to discuss whether you have a viable case.  So you really have nothing to lose by speaking to an experienced workers compensation lawyer.  If you don't like what you hear, you're not obligated.

I get asked quite often whether it is best to hire an injury accident lawyer to settle a claim.  My response is always - absolutely yes.  In 17 years of doing accident injury claims, I have yet to have a client come into the office with what I considered to be a fair offer from an insurance company, without the assistance of an attorney.  I wouldn't attempt my own dental or medical work, do a serious repair on my car, or re-wire my house on my own.  Leave it to the experts.  The old saying is don't be penny wise, but pound foolish.

If you are an injured worker in Florida, I would tell you that there really is no way to give you an accurate answer to all your questions without spending some time with you speaking about your case, your employment history and job skills, your age, and looking at your medical records and doctor opinions.  You do not have to settle a workers compensation claim in Florida, so you should be careful about negotiations directly with the insurance company.

Good luck.  If you're in Florida and would like to discuss your claim further, please give me a call.

Joseph M. Maus

The Maus Law Firm

(866) 556-5529

www.mauslawfirm.com  
Kaylah
 
Posts: 34
Joined: Tue Feb 04, 2014 10:10 am

Workers Comp Claim

Postby Bogart » Thu Dec 01, 2016 8:58 am

my question is i was hurt in at work and had surgery on my back disc surgery l4 microdisectomy  that is done and i got paid for time off now im back to work working normal with slight pain  . but the workers comp insurance called me and send me mail to settle the case they offering me 15% impairment of hole body 75 weeks at $666 from 500 max weeks what comes to $49999 to settle my case without lawyers i did not ask anything they called me and offered me .

what do i do ?can settle it my self and how

do i take the money and that would be the best solution for me without making my employment at risk ?

is it better to get lawyer and why ?

what can i do to improve my case with the workers comp insurance?

do i have to settle the case ?

what amount can i accept with a lawyer if take him to represent me tell me rough your best guess realistic number?
Bogart
 
Posts: 52
Joined: Sun Jan 12, 2014 1:11 am


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