Welcome to Law-Forums.org!   

Advertisments:




Sponsor Links:

Discount Legal Forms
Discounted Legal Texts


Workers Comp

Workers Compensation Law Discussion

Workers Comp

Postby Rorey » Thu Nov 10, 2016 11:36 pm

hi nancy,been on w/c since oct.09 for knee injury, had 2 surgeries done with no luck, having another surgery on aug 1 2011,they are going to do an oats procedure on me, the doctor said this might help but will need total knee replacment in the future. question is when w/c ends on oct. 2011 i'll still be doing rehab. on the knee(doctor said about 6-9 mons of rehab)w/c rep. said my w/c payments will be cut in half and i'm barely making my bills now.when oct. comes can i ask to settle the case for lump sum and if yes about how much can i get(don't want to but really need money for bills) i live in calif.
Rorey
 
Posts: 49
Joined: Tue Feb 25, 2014 11:40 am

Workers Comp

Postby Thrythwig » Fri Nov 11, 2016 8:49 am

After two years, under Ahhhnold's "Fixed" workers comp system, you technically get NOTHING from the insurer until you are Permanent & Stationary(unless you've actually received that artificial joint, which your physician appears to wussie to request in writing).

"Payments cut in half" = really means the adjuster is CLAIMING she will switch you from Temporary Disability to Permanent Disability payments; she may if she wishes, but she need not if she chooses otherwise.

YOU CAN APPLY for State Disability Insurance through the Employment Development Department.  But I don't see you receiving anything.  You haven't contributed to it since Oct. 2009 ... recently my clients applying for State Disability Insurance have been rejected when their paychecks haven't been had those SDI-CA or CA-SDI deductions for more than 18 months ... the state is out of cash and they are using any excuse not to pay.

So there's a good chance you will be left with absolutely NO INCOME.   Your elected officials decided this was a good idea.   (we couldn't understand it, but that's the law.)

CAN I SETTLE FOR A LUMP SUM?   yes, this surrenders your rights to have the insurer pay for the Total Knee replacement you will require.

HOW MUCH WILL I GET?  no much now, because you've let the insurer know that you are desperate to accept anything.   

If your physician is "In Bed" with the insurer, he will write that you have almost fully recovered and you have very little permanent disability, possible as low as %5... that might mean about $3000 in permanent disability indemnity payments.

If your physician is hand-picked by a certified specialist workers' comp attorney and will comply with your wishes, you can tell that doctor to find you've reached Maximum Medical Improvement the same week as your Temporary Disability Indemnity("w/c payments") and write there is 23% Whole person impairment(20% limited weight bearing + 3% Chronic Pain) plus the need for pain patches, injections, prescription meds and ultimately a Total Knee replacement followed by Convalescent Hospitalization for 3 weeks($$) because you have no person at home to change diapers for you...   

Then that's possible around a $75,000 Compromise & RElease Agreement if the Adjuster thinks you are willing to wait and go to trial if they don't come up with the cash.

To repeat:   the worst thing you can do in workers comp is to let the adjuster know you are financially strapped and need cash immediately.   When I did defense, I offered those people about 20 cents on the dollar because i knew they had no backup plan and just had to accept whatever I offered.

On the off chance you might qualify for State Disability Insurance, I'm trying to attach the link here for you to apply online(process runs about 10days faster for online applications):http://www.edd.ca.gov/Disability/DI_How_to_File_a_Claim.htm
Thrythwig
 
Posts: 46
Joined: Sat Jan 18, 2014 3:15 am

Workers Comp

Postby Frazer » Mon Nov 14, 2016 6:51 pm

hi nancy,been on w/c since oct.09 for knee injury, had 2 surgeries done with no luck, having another surgery on aug 1 2011,they are going to do an oats procedure on me, the doctor said this might help but will need total knee replacment in the future. question is when w/c ends on oct. 2011 i'll still be doing rehab. on the knee(doctor said about 6-9 mons of rehab)w/c rep. said my w/c payments will be cut in half and i'm barely making my bills now.when oct. comes can i ask to settle the case for lump sum and if yes about how much can i get(don't want to but really need money for bills) i live in calif.
Frazer
 
Posts: 51
Joined: Fri Feb 07, 2014 2:02 am


Return to Workers Compensation

 


  • Related topics
    Replies
    Views
    Last post