Yes, my clients tell me they want to settle, and I tell them I'll start working on it, and then a couple of days later they call wondering what's taking so long. It's a slow process. You have to work up an estimated PD level, address potential TD exposure, future medical exposure, any other issues, and then figure out a fair amount. Then the defense has to do the same. Then the negotiating starts, and it can be slooooow.
Would you think it is easier and faster of a settlement overall if you have gotten all the treatmebt you need and there is a final qme report and percentages and future medical care adressed?
It is easier to settle when there's a final QME report, because at that point the injured worker is P&S (no fight of 3 more weeks of TD versus one more year of TD), and while is there is future medical there is no imminent surgery (I think I need surgery versus I think you don't), and the PD is ratable (I think I'll rate to 40% PD versus I think you'll rate to 5% PD). There will still be negotiating over the value of future medical, and there may be disputes over the QME report, but a final ratable report is a good starting point for talks.
I'm thinking about settling my workers comp case early due to the fact that I feel the insurance for the company I worked for is taking their sweet time to do anything. I was injured in may and have had zero medical treatment from the doctor they send me to and we're in late Nov. Every time I visit the doctor he see's me over a ipad and says they need Xrays..and that it would take 30 days to get that approved..wait 30 days get the xrays just to hear nothings broken...like duh...then they write a work status report for light duty no lifting over 10 lbs...I work in the construction field,everything is over 10 lbs..so now he says they need MRI's thats another 30 days..get the MRI results just to hear that theres so many things that they found wrong with me stemming from the work injury they dont know where to start..So they say you need to see a speacialist..they skip the speacialist and send me straight to the QME..who says "I dont know why it took 6 months just to see me...I wasnt on vacation or anything..I HATE WHEN INSURANCE SCREWS WITH PEOPLE LIKE THIS" which made me think they are dragging this out in hopes that I give in.Well it worked...once the qme said he'd like me to have therapy and neuro tests,I asked him would I begin asap or is it gonna be another 30 day waiting game ordeal..once he shrugged his shoulders and said who knows I was ready to give in..SOmetimes we get put in positions to where we have no choice but to tapout and get what we can..sad I know but thats life.
Workers' comp has always been frustratingly slow. But over the last five or ten years I swear the adjusters seem to just deny and delay everything so that injured workers get frustrated and throw in the towel just to get out of the system. But if an injured worker just quits and walks away, or settles for pennies on the dollar, its the adjuster who wins instead of the injured worker.
@@myworkerscompguide After some thought on the situation,and reading your reply.I've decided to keep pushing forward..or at least until after my deposition.I do have an attorney working on the case,but I feel like they may be part of the reason things are moving along as they are.I called them today and told them what I was thinking and they said the fact that I was injured due to the company I worked for issuing me the wrong PPE{GLOVES}and the fact that I almost had my hand ripped off..coupled with the fact they are not paying me any type of TD due to the fact they let me go..They feel like they are in hopes I give up and they wont have to payout as much as they would have had to..I haven't worked since my injury,or had any income,and my savings are gone..and I think my attorneys are trying to get some big ol payout,instead of looking out for my best intrest..I could be wrong as this isnt my field but my gut is telling me something isnt right.
It depends on if you are negotiating Stips or a C&R. If it's Stips, then the dollar value is based on the PD rating, and the PD rating is generally based on the reports. There's not a lot of negotiating with regards to Stips if the parties agree with the QME/PTP report. If it's a C&R, and the defense offers $110,000, but the injured worker thinks it's worth more, then the injured worker can negotiate and say that he wants more. How to negotiate, and the strategy employed to get there, is a whole nother topic entirely.
The DA is refusing to settle(via ignoring) she has made it clear she doesn't belive my claim and intent of fight the claim( all body parts but 2 are accepted brain includedwhich is the hardest) even though witnesses have told the same story. Yet she says she doesn't belive it all happened. And i told her, her beliefs dont matter. The medical reports adds up so does the witnesses. So she want to take me ro trail and let things run its course. Is there any way to prevent this or limit her abilities?
An attorney should zealously represent his or her client, so if her client wants her to continue fighting then she should do so. I do not know of any way to limit her ability to pushing a matter to trial, or having a different view than you. It sounds as though the two of you have very different views of what happened (or what she would say didn't happen) and that's the type of dispute that will likely need to go to the Board for a trial and decision. I would recommend talking to a local attorney about representation if the case is going to go to trial as she likely has trial experience while the typical injured worker certainly does not.
@@myworkerscompguide . Thanks for explaining the Workman's Comp process well. Also when your attorney has numerous W/C cases it's a waiting process. Sometimes the wait is well worth it. But people want their money which is understandable because everyones situation is different.. Thanks again.
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I'm learning now with the back and forth negotiating. It can take a Long time to come to an agreement..
Yes, my clients tell me they want to settle, and I tell them I'll start working on it, and then a couple of days later they call wondering what's taking so long. It's a slow process. You have to work up an estimated PD level, address potential TD exposure, future medical exposure, any other issues, and then figure out a fair amount. Then the defense has to do the same. Then the negotiating starts, and it can be slooooow.
Would you think it is easier and faster of a settlement overall if you have gotten all the treatmebt you need and there is a final qme report and percentages and future medical care adressed?
It is easier to settle when there's a final QME report, because at that point the injured worker is P&S (no fight of 3 more weeks of TD versus one more year of TD), and while is there is future medical there is no imminent surgery (I think I need surgery versus I think you don't), and the PD is ratable (I think I'll rate to 40% PD versus I think you'll rate to 5% PD). There will still be negotiating over the value of future medical, and there may be disputes over the QME report, but a final ratable report is a good starting point for talks.
@myworkerscompguide thank you!
@@jaliscomx328 Happy to help inform.
I'm thinking about settling my workers comp case early due to the fact that I feel the insurance for the company I worked for is taking their sweet time to do anything. I was injured in may and have had zero medical treatment from the doctor they send me to and we're in late Nov. Every time I visit the doctor he see's me over a ipad and says they need Xrays..and that it would take 30 days to get that approved..wait 30 days get the xrays just to hear nothings broken...like duh...then they write a work status report for light duty no lifting over 10 lbs...I work in the construction field,everything is over 10 lbs..so now he says they need MRI's thats another 30 days..get the MRI results just to hear that theres so many things that they found wrong with me stemming from the work injury they dont know where to start..So they say you need to see a speacialist..they skip the speacialist and send me straight to the QME..who says "I dont know why it took 6 months just to see me...I wasnt on vacation or anything..I HATE WHEN INSURANCE SCREWS WITH PEOPLE LIKE THIS" which made me think they are dragging this out in hopes that I give in.Well it worked...once the qme said he'd like me to have therapy and neuro tests,I asked him would I begin asap or is it gonna be another 30 day waiting game ordeal..once he shrugged his shoulders and said who knows I was ready to give in..SOmetimes we get put in positions to where we have no choice but to tapout and get what we can..sad I know but thats life.
Workers' comp has always been frustratingly slow. But over the last five or ten years I swear the adjusters seem to just deny and delay everything so that injured workers get frustrated and throw in the towel just to get out of the system. But if an injured worker just quits and walks away, or settles for pennies on the dollar, its the adjuster who wins instead of the injured worker.
@@myworkerscompguide After some thought on the situation,and reading your reply.I've decided to keep pushing forward..or at least until after my deposition.I do have an attorney working on the case,but I feel like they may be part of the reason things are moving along as they are.I called them today and told them what I was thinking and they said the fact that I was injured due to the company I worked for issuing me the wrong PPE{GLOVES}and the fact that I almost had my hand ripped off..coupled with the fact they are not paying me any type of TD due to the fact they let me go..They feel like they are in hopes I give up and they wont have to payout as much as they would have had to..I haven't worked since my injury,or had any income,and my savings are gone..and I think my attorneys are trying to get some big ol payout,instead of looking out for my best intrest..I could be wrong as this isnt my field but my gut is telling me something isnt right.
Your attorney would know your case best. Best of luck to you.
So quick question if the insurance company is offering $110,000 but I believe that my case is worth $150 what happens in that situation
It depends on if you are negotiating Stips or a C&R. If it's Stips, then the dollar value is based on the PD rating, and the PD rating is generally based on the reports. There's not a lot of negotiating with regards to Stips if the parties agree with the QME/PTP report. If it's a C&R, and the defense offers $110,000, but the injured worker thinks it's worth more, then the injured worker can negotiate and say that he wants more. How to negotiate, and the strategy employed to get there, is a whole nother topic entirely.
The DA is refusing to settle(via ignoring) she has made it clear she doesn't belive my claim and intent of fight the claim( all body parts but 2 are accepted brain includedwhich is the hardest) even though witnesses have told the same story. Yet she says she doesn't belive it all happened. And i told her, her beliefs dont matter. The medical reports adds up so does the witnesses. So she want to take me ro trail and let things run its course. Is there any way to prevent this or limit her abilities?
An attorney should zealously represent his or her client, so if her client wants her to continue fighting then she should do so. I do not know of any way to limit her ability to pushing a matter to trial, or having a different view than you. It sounds as though the two of you have very different views of what happened (or what she would say didn't happen) and that's the type of dispute that will likely need to go to the Board for a trial and decision. I would recommend talking to a local attorney about representation if the case is going to go to trial as she likely has trial experience while the typical injured worker certainly does not.
Months to even years..
Exactly.
@@myworkerscompguide . Thanks for explaining the Workman's Comp process well. Also when your attorney has numerous W/C cases it's a waiting process. Sometimes the wait is well worth it. But people want their money which is understandable because everyones situation is different.. Thanks again.
@@pauldoddy9714 Happy to help inform.