How much is my workers' comp case worth?
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- Опубликовано: 12 май 2022
- This video reviews how much a workers' comp case might be worth. If you are an injured worker with a California injury, and don’t have an attorney, this video is intended to help provide an overview of workers’ compensation topics so you can better represent yourself.
When a worker is injured on the job, an early question is often - How much is my case worth? Spoiler alert - it's almost impossible to tell at the early stages. Until you've seen doctors, maybe specialists, maybe tried some treatment/medications/injections/surgeries, it's just tough to speculate. Plus, there is value to the case for things such as medical care which the insurance company will pay to the doctor instead of directly to you. Or, you could settle early on and get paid for anticipated future medical care. That's a check in your pocket, but the expectation is that you'll be paying it to doctors later. There's a lot that goes in to the value of a case.
Jeremy Lusk is a certified specialist in workers’ compensation with almost two decades of experience, and previously served as a Judge at the Fresno District Office of the WCAB. He has worked out of Fresno, but appeared at numerous Boards to represent both injured workers and employers/carriers.
No attorney/client relationship is created or implied by this video. This video is not offering legal advice as to what you should, or should not, do in your workers’ compensation case, but rather offers education/information as to the California workers’ compensation system for unrepresented workers so they can better represent themselves and make more informed decisions.
If you have any questions, let us know at questions@mywcguide.com
Great information, thanks.
Happy to help inform!
You really broke it down... thanks...
Happy to help inform.
Love your content which has helped me tremendously through my workers comp case. I do have a question, is it normal for employers to try to recoup their portion of disability benefits they've paid you while you were on a medical leave at the end of the case when a settlement is reached? For example workers comp insurance paid 2/3's of salary while on temporary disability and employer came up with the other 1/3... is this common for them to try to recoup that 1/3 they paid you?
The employer trying to recoup it would probably be odd, but it would depend on how that 1/3 was paid. Most employers do not pay that 1/3, so the injured worker only gets the 2/3 TD rate. Some employers allow workers to use sick/vacation time to make up the difference, but that wouldn't be recovered/repaid. Some employers offer a short/long term insurance benefit that pays the 1/3 difference, and sometimes they may seek recovery depending on what is paid at settlement. But in general, I'd say that doesn't happen often.
Hello, I thank you for all the information and everything you do. I was diagnosed with tenosynovitis of the right styloid. They have dragged their feet for six months and I have just now I saw a hand surgeon. From our meeting he acted like he didn't even read my chart. Just 10 minutes of questions and him saying I don't know what's causing you pain. Like he didn't even read my chart. He said I think you should see a qme and maybe they may be able to help you. Is this normal? Should I get a lawyer? Or is this all par for the course. 6 month of hand and rist pain on accommodation ions has left me weary and afraid the insurance company is out to get me.
Generally, a QME won't help you other than to write a report so you can settle your case. The QME won't offer any treatment or surgery to you. A consult with a local attorney will be free. You can search on the State Bar website and do an advanced search to find a certified specialist in workers' comp in your area. I will say that six months is not long in workers' comp, as it is a very slow system. I will also say that generally, the insurance company is looking out for their best interests and not yours.
All I need to go back to work I have surgery L5S1 don’t get any better and I have L41-2-3-4
Hi there I enjoyed the content. I have a few questions. I have multiple injuries from work. Surgery done already on one shoulder now they find out my other shoulder is torn. It’s been more then half a year since my injury. ? Is this negligence? Also I’m now homeless due to my injuries and cant use my skillsets I have to earn extra money .
Sadly workers' comp is a very slow process, and taking six months is not uncommon. A quick resolution in workers' comp will often take a year or two from the injury. Temporary disability can be paid for up to two years, but I've seen many cases in which there are other disputes going on and then surgery doesn't take place until two years after the injury when no more TD is due. It is far from a fair system.
Hello good information I have a question what happened if your doctor requested physical therapy and it doesn't work I still hurt.what to say or do after physical therapy
Just let your doctor know that therapy didn't help, and see what he or she suggests next. Depending on the injury, and the part of body, maybe more PT, maybe injections, maybe acupuncture, maybe chiropractic, maybe a surgical consult. As an attorney, I always defer to the doctors. Explain the situation, and then ask, "What now?"
Hi I had a fall at work .
My I was put on partial comp and then upgraded to full disablility with no work , following this I was discharged and told to go back to work . I went to the ER the following day that the comp clinic originally referred me to . The first time I went to the ER I was discharged with no findings but I was told that if the symptoms persist to come back . So the day after I was discharged I went back to the er , and they decided to give me an mri . I was diagnosed with severe spinal stenosis with a lumbar herniation l5-l3 I believe . I went back to the comp clinic and showed them the findings and they put me back onto full disability no work of any kind . It has been almost 4 months and I have not received any check nor have I been scheduled for a orthopedic even though the comp clinic referred me to see one .
What would you say if I settled my case could be worth ?
Thanks
I couldn't put an estimate on the value of your case at this point. I'd recommend reaching out to a local attorney for a free consultation, since it sounds like your case either hasn't been accepted and that's why they're not paying benefits, or because benefits are very past due and penalties may be sought. You can search for a local attorney who is a certified specialist in workers' comp by clicking on Advanced Search at the State Bar website. apps.calbar.ca.gov/attorney/LicenseeSearch/QuickSearch#searchlink
I have a question.
The Qme initially rated the worker to aprox 40% . the DEU never evaluated the rating, but the insurace requested an online rating company Iratings to do their evaluation and they did cut the Qme rating to half of original. from @70 to @30 PD. Injured worker goes back to revaluation to Qme. What would be the next step,?
The online rating company lied on statements that there are no such prescription in the patient history, and the presciptions for medical assistive devices are found in the report.
How would you resolve this situation.?
thanks
That's difficult to say, as each case varies. The private rating is often what the rater "thinks" the report should rate to, rather than what it actually does rate to. It may be a situation which ends up going to trial, and in that case, I'd recommend talking to an attorney.
Very insightful. My case has been going on for a few years and like your previous case they paid for everything like your client. However I've had a lower lumbar surgery repair and I'm about to have a cervical level 2 fusion the beginning of next year. It's been tough. I have two separate case's. My workers comp case just reached deposition. My lawyer asked if I was willing to settle yet. He said there going to want settle soon. My question is if I can settle my workers comp case ahead of my other case? Is that even possible? I was hurt on the job.
It is a common practice in workers' comp cases that the defense attorney will try to settle at a deposition. If a deal can be reached, then everyone is happy - the insurance company gets to close a file, and the injured worker gets cash. But for surgical back cases, it can be tougher to reach a deal when you don't know exactly what the PD will be, what future medical will be, etc. It gets tougher to settle one case when there is another case ongoing with similar body parts. However, as to your question of whether it is possible - yes. My general rule is that you can always settle at any time in a case. Both sides just need to agree on a number, and explain to the judge why it is adequate. In your case is it a good idea? You'd have to ask your attorney. He or she will know best the strategy in your case. Best of luck.
Are you happy with the settle? I just had back surgery myself
Ok so I'm in iowa I got hurt to bolging disk and a tare in the cartilage been through pt for a min tell I got an mri done and seen the damage then did injection in my back about to go get another one and seen a Orthopedic doctor he said run away from back surgery but said ill be in pain for the rest of my life how much does this sound like to you in a settlement? And they are still making me work ?
Unfortunately I couldn't even make a guess. Every state has a different workers' comp system, and I'm only familiar with California's system. I'd recommend reaching out to a local attorney in Iowa. I suspect they also offer free consultations like the attorneys in California.
How can I c&r with no QME? My case manager said theres no QME available right now.
I'd say there's a 99% chance that if your case manager said there are no QME's right now, he or she is simply lying. I request a panel of QME's every week, often multiple times per week. The only way there might be no QME's is if you have a very rare condition that requires a specialty that very few QME's handle. But that is RARE. You can C&R without a QME, and base it on the treating physician reports. However, a judge might not approve it. Plus, in many instances you will get more at settlement with a QME than without. Your adjuster should have sent paperwork to you on how to request a QME. If not, you can reach out to your local I&A Office for details. www.dir.ca.gov/dwc/IandA.html#IandAoffices
I need a lawyer/Attorney. The claim adjuster is ignoring calls emails and been out of work for 1 month and no benefits being paid and employer doesn't want to pay sick hours or pto and they won't let me change primary doctor they want me to stay at a industrial clinic
The claim may be on delay, which would explain why they are not paying temporary disability. And I'm sure they do want you to stay at the industrial clinic they sent you to, as that's generally the most friendly to the insurance company.
Dose anyone know if there a certain amount of mileage a injured worker has to travel for light duty. Or does the employer get to tell the injured employee he has to travel anywhere they tell him to in the state of California.
I'm not aware of any specific Labor Code that specifies how far an employer can have an employee travel for light duty work. I suspect that the court would use a "reasonable" distance approach. So if the employee previously had to travel five miles in one direction, it would probably be reasonable for him to travel ten miles in another direction, but it wouldn't be reasonable to have the employee travel 100 miles.
So im the first person.. I want to get better and go back to work.. im going to try really hard… I have only had a very small amount ( less than 500$) paid by insurance I was injured about a month ago ..I’m waiting on approval for my MRI …. Once I go back to work is there some sort of settlement forthcoming ?
If the injury is accepted, and you return to work with the same employer, there will usually be a settlement by way of Stipulations with Request for Award. That will address whether there is need for future medical care, and the dollar amount paid to you will depend on the level of whole person impairment found by either the treating physician or the QME once your condition stabilizes.
Can you tell me how long a MSA can take ? Does it vary in time frames ??
Getting the MSA does not usually take too long. It seems to take weeks, rather than months. Then getting CMS approval of an MSA (if needed) can take longer. But each MSA vendor is different, and it depends on how fast they are, whether they need additional records, how quickly the adjuster requests it, etc.
I completed my physical therapy dr requested 6 more weeks got approved have a apt to do surgery on my acl end of this month its been 3 months already is there a value u can put on it ?
I cannot put a value on it. If it is just an ACL reconstruction, and you settle with open future medical care, and the recovery is good, then the value is not very high. The AMA Guides do not rate knee surgeries very high. If there are complications, or repeat surgeries, or a bad recovery/outcome, or if more is found, or if future medical care is closed out, the case is worth more. Every case is unique. I'd recommend talking to a local attorney or the I&A Officer at your local WCAB.
Well that sucks because I had a lumbar laminectomy and it was a failed surgery now I'm getting shots every 6 months I hope my case is worth something because it making life so difficult for me I cannot longer do the hobbies I used to do
It will be important to have the right QME/QME's to fully explore the most accurate discussion of whole person impairment, and if you settle out future medical, to ensure that it really captures all the future treatment that's expected.
i had 2 major reconstructive surgeries to my right ankle at the age of 23.. one failed surgery with a nasty infection to a rejected cadaver tendon. ILL NEVER BE THE SAME....... I am now partially disabled at 25...... Who, What, When, Where, Why, and How do i hire the correct attorney? my case worker sent me an incredibly low number to settle for... my quality of life has been tampered with now... what do i do???
In California one of the best bets is to search through the California State Bar system for certified specialists in workers' comp in your area, and then combine that with a Google search to compare those names.
What part of California are you in or how to contact you
My office is in Fresno. You can send an email to questions@mywcguide.com and connect with my staff.
Hello,
My husband was rear ended at work. He has 4 bulging discs, developed scoliosis, sciatica, pinched nerves on both sides of two discs, and his lowest disc has lost all fluid and height. He is only 25 years old. He struggles daily
and struggles to do everything, He struggles to even walk. He has seen the QME 3x times now (one time recently) and we are waiting on the final report.
Do you think he qualifies for a decent settlement? He is not a surgery candidate, but the Drs are saying this will be the rest of his life and he can no longer work (at maximum they said an office job but even then, he will have a lot of limitations.) He was not paid a lot of temp disability due to them originally denying his claim and in two years almost 3 years of him being injured they have only had to pay him 9 months.
First, if it was a motor vehicle accident there could be a third party claim to pursue. However, generally the statute of limitations for such claims is two years (from what I recall). You may want to pursue that avenue. As to the workers' comp claim, if the doctors are saying he may never work again, or may do only limited work, I would strongly recommend reaching out to an attorney for a consultation. If he is 100% disabled then he is generally entitled to temporary disability payments for life, plus medical care. It seems odd that the doctors are saying might not be able to work again, yet only nine months of temporary disability was paid. Again, I'd recommend reaching out to an attorney to discuss his case.
@@myworkerscompguide hello!
Thank you for responding.
He does have a personal injury case. The reason he only had gotten 9 months recently was the first month he was hurt he was seeing a workers comp dr. They did an X-ray and said nothing is broken! You’re fine. He asked for more scans and they said no, they tried sending him back to work and he requested another dr, the company said no and then he no longer had a case. He was then unlawfully terminated. We had a case for that as well. We hired an workers comp attorney and he told us to be patient. After a year he hadn’t done anything ( no doctors, no court hearings, etc) and we got him fired after a year and by the time we got him in to get his stuff reinstated they said they wouldn’t pay for him for the year he didn’t have a claim. It’s been a truly awful experience.
@@myworkerscompguide so all in all he’s been injured since December 2020 but only in July of 2021 did he begin to have a claim again
I work for federal government in a non profit organization with a really good insurance company
I tear my acl and had a blood cot
They paid me for 8 months (780/week) and my doctor approved me for work, now 1 month after i started the gym but im complaining a knee pain, MRI shows a tear in the miniscus now and need a second surgery
My supervisor told me to play basketball with him and the minors in the facility something is not in my dutys and is prohibited but he told me to do so and also there is camera where you see him calling me to play after me saying no several times
Is my case a good case?
Unfortunately I have no experience with federal workers' comp cases. It's an entirely different system from the California system of workers' comp. This short video gives an overview - ruclips.net/video/eUIs-pu3V8s/видео.html
@@myworkerscompguide thank you for the video is a non profit organization and will read more about it but what i know is we were federal employees
@@Elizabeth.717 Best of luck to you.
Depends of you Qme report. or Qme repeted revaluations. if you have a 50 or 60% WPI that translates into 100 P.D.
As far as the rating, the whole person impairment does get rated out for age and occupation, and then often reduced based on apportionment to non-industrial causes. But a 50 or 60% WPI doesn't mean it will be 100% PD. For example, a 50% WPI rating for a police officer with heart trouble would probably rate out to about 80% PD. But it wouldn't rate out to 100%.
California here, My case has reached a point where my lawyer tell I have to leave my medical future open or get a monetary settlement.
My second surgery has been denied by the insurance based on independent doctor report, states doctor said I need a surgery and primary doctor said I need a second back spine surgery as well a second opinion doctor said also.
My permanent disability rate is low so my settlement amount too. If I get the monetary compensation and close my case, I do must to inform in the future to my insurance that I got money from workers' comp? I will need to pay full or portion from my own pocket to the public or private insurance the cost of that medical services if I seek and get such back spine surgery? I've been thinking I will get MEdi-cal and inform them I assume by law I have to inform.
Can you please light me with the scope with that money is for? my lawyer no help with that question. I will get your answer as mere informative non legal advice.
Thank you so much.
It seems that over the last ten years or so that with the insurance company rule changes that insurance companies will cover pre-existing conditions such as workers' comp injuries. This is what I'm hearing. As to disclosing the injury or settlement, I always tell my clients to tell the truth. If you are asked if you had a prior injury, tell the truth. As to your specific case, you would have to ask your attorney. Giving advise and answering questions is part of what your attorney is getting paid for, so continue to reach out to him or her.
@@myworkerscompguide Thank you for answering. Insurance will cover pre-existing conditions, but I have to pay an amount from the settlement I got? I asked that question 3 times and the answer is: "I am not sure" and get nothing. It is like a doctor does not know what aspiring is for? What worries me is the money is so volatile, now I have, tomorrow I have nothing, in case I have to co-pay for my surgery portion or total sum of my settlement. Thank x1000 times for answer my first question. I apologies if I am abusing with this second question. I will keep asking my lawyer that. Have a great day.
@@OttoL-tx4qs Generally if private health insurance covers a treatment, then the injured worker would only pay the usual copay. From the perspective of a workers' comp attorney, it's tough to get exact information to answer that question. Once we settle a case for our clients, we generally don't talk to them again. No one wants to go back and chat with their workers' comp attorney a year or two after settling a case. So it's tough for us to get exact information as to what happens years down the road. That's why my answers often start with, "From what I hear . . ." or "From what I understand . . ." and almost always end with "but I'm just not certain."
Hi.. is true that after you close your case with wc they still gonna pays medical treatment forever??
It depends on how it settles. If it settles with Stipulations with Request for Award, then workers' compensation is liable for all medical treatment that's reasonable and necessary to cure or relieve the effects of the industrial injury - for life. If the case settles with a Compromise and Release then future medical is closed, and workers' comp won't pay a dime after the judge approves the settlement and it's paid.
@@Laca-v2pAs you have an attorney, you would have to ask him or her. Your attorney knows your case best. I can only answer questions as to how workers' comp works in general. Best of luck to you.
@@myworkerscompguide ok.. thank you
Does my insurance have to honor my treating Doctors ( work restrictions) or the Qme who said I'm permanent and Stationary? Insurance discontinued my temporary benefits but my Doctor just continued me on Restrictions..Who does Insurance go with?Thanks
Several "it depends" there. It's not the insurance company that honors work restrictions, but rather the employer. If the employer can accommodate the work restrictions, then workers' comp insurance generally doesn't owe temporary disability. If the treating doctor imposes temporary work restrictions, and the employer cannot accommodate them, then the carrier generally does owe TD. Of course, that assumes the case is accepted, and that the treating doctor is authorized by insurance. It also assumes there is a recent report from the treating doctor, as insurance often won't pay TD on an old report. This also assumes there isn't a dispute between the treating doctor and the panel QME.
@@myworkerscompguide Appreciate your rapid response..Just seen a Qme last month who stated I'm Permanent and Stationary but my Doctor ( authorized with insurance company) Gave me same restrictions today but Insurance hasn't sent me my second check and is overdue..Do you think they are honoring the Qme or Doctor? I can't get a hold of Insurance and the company I work does have accommodations for my restrictions? So was curious as to who holds more weight Qme or Authorized company Doctor? Thanks again.
@@trinepimentel9693 What may be happening is that the QME found you P&S, issued work restrictions, and the employer can accommodate those. If that's the case, then the insurance company would stop any TD payments, but doesn't have to start PDA's yet if you are working and getting your normal paycheck. The adjuster should send out a notice as to what's happening with benefits, but sometimes the check stops before that notice goes out.
@@myworkerscompguide wow ,your awesome as always and keep up the good work..Appreciate your time and expertise..
@@trinepimentel9693 Happy to help inform.
Today got note return to work with 2 lbs restriction. I already got fired from the job i got injured so no where to return.
No one going to hire me with 2 lbs restriction as food runner. Is this note means I lost WC benefits today? Since I have no job ? Also im scheduled for elbow ligament PPB injection in 6 weeks .. so not sure why that ridiculous note ? Can anyone explain thank you 🌺
I cannot explain why the doctors or adjusters do anything in your case. You would have to reach out to a local attorney for a consultation specific to your facts. Generally, if an injured worker is released to light duty and the employer cannot accommodate those restrictions, then temporary disability continues. However, if the injured worker was terminated for reasons unrelated to the injury, and the employer could have accommodated the restrictions but for the termination, then the insurance company may object to paying TD. In that instance the best option may be EDD State Disability benefits. Also, it is fairly common for a treating doctor to release an injured worker to light duty while treatment (such as injections) continues.
@@myworkerscompguide Thank you,
Well my injury was on September 2022 they made me work until December 1st because it took 2 months get an doctor appointment fir WC . Than in December 1 st the dr made me stay home and in 2 weeks his assistant released me on full duty even i was still in pain first day we had 400 reservations my coworker got drunk at work I complained about my pain I got fired but because they know it’s illegal to fire me because of injury they said I did not give a right a way to a golf cart going from bar at 10 pm driving on the road to employee parking lot which i looked it up driving golf cart after sunset and no turning signal no seat belt no registration is illegal anyway I applied and lost . Didn’t get paid for 4 months because my adjustor left job and no one told me so it’s total mess this companies the wc and the employer. Finally i started getting paid now this dr note letter when 2 months ago dr talk about surgery. They hired new nurse manager wc and she keep pushing to release me . If she can sit at the dr visit and keep pushing I should be able to have an attorney with me because she made me say things and than write everything down to use against me . Tried 4 months get an attorney in Hawaii it’s impossible
The qme doctor rating for me was 47% permanently disabled my lawyer said. Psychological. I think it is more. The report also said it was due to work my attorney said. I have to take ton of meds and still can’t sleep, concentrate, function, regulate my emotions and the list goes on. Been seeing psychologist for over a yr. My attorney said they owe me at least 74k ( I’m in ca). They didn’t respond to demand for settlement. Tried to go to court then they say they want to depose me. Stressful I didn’t sleep 3 days because thought my old boss would be at the deposition. Now just finished that few days ago. Why didn’t they just settle? Also why was my worker comp denied after the qme report? I don’t understand
Workers' compensation can be a very frustrating, slow, and confusing system. And that's true for those of us who work in it all day long. It's far worse for injured workers who are stuck in this system for the first time. As to your case, I cannot say. You would have to ask your attorney as he or she knows your case best, what the strategy is, and why the insurance company may be denying or delaying matters. I can only answer general questions as to how the system works. Best of luck to you.
Got hit head on by a car working as a trash worker. Broke my tib fib in my right leg and tore my acl in my left leg and had hip surgery on my right side. This happened February 2023 and I am now about 85% back healthy and walking. This was considered heavy duty work doctor released me as medium work. Lawyer asking for 200k. Is that too low and what’s the percent of me getting that big of a settlement?
I really couldn't say. Every case is so unique. I've had cases with very significant injuries and significant medical expenses paid by insurance, but the recovery goes very well so the final settlement is small. Plus, it depends on whether you settle with open future medical care or close it out. As you have an attorney, he or she would know your case best, and what it is potentially worth. Best of luck to you.
I had a qme today and the dr said he’s gonna close my case what does that mean ? Thank you for all your videos love them
Good question. Generally when a QME says that type of thing that means the QME is going to find the injured worker permanent and stationary. Once the worker is P&S, then the case can be settled. The doctor's report will be used to calculate the PD rating, and then the parties can choose to settle with Stips or a C&R. The doctor isn't actually closing the case (nor could a doctor), but the doctor is providing a report that will allow the parties to move to closure.
@@myworkerscompguide so is that a good thing or bad thing ? Sorry for the questions
@@xsdkx8514Not necessarily good or bad, unless the injured worker is getting temporary disability and the treating doctor is keeping him off work for further treatment. Otherwise, it just means the QME finds the injured worker's condition to be at a plateau, or fairly stable. It allows the parties to move forward to settlement. Either side can object, if needed.
@@myworkerscompguide ok thank you so much for taking the time of of your day and giving me advice. What should I do next ?
@@xsdkx8514 I can't give advice. I can only answer questions as to how the workers' comp system works. For advice, you'd have to reach out to a local attorney, or you could call the I&A Officer at your local WCAB office for more detailed information as to your reporting and its rating. But you may need to wait to get that QME report to see what it actually says. Right now you only know what the doctor told you.
How do I get in touch with you?
If you have additional questions, you can email questions@mywcguide.com
Hi I’m in California, I got acl reconstruction surgery. 6 months later the dr told me your either ready now or if not I have to put you down as permanent disability. I don’t know what I should do since I knew at 6 months it was still too early to recover from acl surgery but I don’t want to be permanently disabled. I’m 33.
Many people hear permanent disability and think "totally disabled" but that's not the California workers' comp system. Many injuries result in permanent partial disability, so the injured worker will have some permanent disability but is not permanently totally disabled. In fact, for most knee surgeries the permanent partial disability is very low. It's common that a good outcome from an ACL reconstruction may result in only 5-10% permanent disability. But that basically just means the injured worker has lost 5-10% of their ability to compete in the open labor market, or 5-10% diminished future earning capacity due to the injury.
@@myworkerscompguide yes, i am at the 10 percent but my restrictions are what make it difficult, no lifting or pulling more than 20 lbs and must be sitting for 25% of the time. The jobs that I have experience in are very unlikely to accommodate that. Will I be able to reverse that permanent disability later on with another dr if I feel 100 percent down the line? Thank you very much for responding.
@@selurrekos Generally once the injured worker is P&S, and a ratable PD report is issued, the claim will be settled. The injured worker may improve later on, but that Award of permanent partial disability wouldn't be revisited. That said, the restrictions the doctors impose may impact your current job. However, you are not really bound by those going forward. If you improve, you can always look for work that you feel you can do regardless of what the doctors said in this case. Also, if you cannot return to your job you will likely be entitled to the job voucher retraining program so you can learn new skills. You may want to reach out to your local Information and Assistance Office at the WCAB to discuss your options.
@@myworkerscompguide thank you very much for that information. I didn’t really know where to go for questions. It’s a tough situation to be in and it was hard to hold on since they already sent me the settlement papers but I didn’t sign them because I didn’t agree with some things on there. I appreciate your videos and it helps a lot of us that are lost. Sometimes we feel pressured to just sign but I found your page so thank you very much.
Hey I'm in the same.boat with my acl jusy did 6 weeks of therapy I'm going to set up surgery this month what did they value you case at ?
$64,000
Hi sir
I being in workers comp for 3 years already. Lots of therapy 2 surgeries on my lower back. Disectomy and last year fusion L5-S1 surgery and pain still there after 6 months after the surgery. Shoulder still in pain unable to lift it all the way up or rotation on my arm is impossible. Do you think I have a chance to get a good settlement? Thanks sir and have a great day
Yes. The question will be whether you want to settle out your future medical care, or keep it open. If you keep it open, and settle with Stips, then your settlement will be based on the PD rating. That will be addressed by the QME. If you close out medical, and settle with a C&R, you'll want to make sure you have enough money in there for future surgeries as a lumbar fusion often leads to further surgeries in future years. I'd recommend you reach out to an attorney for a consult to make sure you maximize your settlement.
Good morning and if I had surgery on my hand and my elbow is damaged and my shoulder and neck. How can I know if this pain affects my personal life and with my family? How can I know if I'm going to have a good ending at my case?Thank you
Workers' comp can be a slow process, and the settlement will be based on the permanent disability once the injured workers' condition reaches a permanent and stationary status. So it will take time, treatment, possible surgeries and evaluations, before an injury is P&S. It just takes time, and once the injured worker gets to that stage the doctors can address the impact of the injury, how much better it got, and anticipated future medical, which all factors into the settlement.
After MMI how long does it take an attorney to figure numbers for the case?
There is no general rule. In a simple case, the MMI report might be rated by the parties and a settlement reached within weeks. Or a party may dispute the MMI report and further discovery may be needed. I've had cases settle within weeks of a MMI report, and I've had cases go on for many years after a MMI report. Each case is unique. As it appears you have an attorney, my advice would be to ask your attorney what he or she expects in your case.
What if you have permanent impairment? But you still go back to work?
I believe the system sucks, medical bills should be covered . And ttd payments are only 2/3 of pay checks they would have made because they were working. Serious injuries should have a larger payout
Nagoations going on right now. Hopefully i get sum money soon
How did It.go I jisy filed my claim last week
Got it the next month.
@survivalmode7032 it's been 3 months now nothing end of the month I set up apt for surgery on my acl
I love his honesty .. 1 milly =pretty jacked up 🤣🤣🤣 he keeping it 💯
Years ago I was much more subtle, and didn't want to hurt people's feelings. Now I'm much more blunt and direct. It might hurt feelings, and tell people what they don't want to hear, but in the end they appreciate it.
@My Workers' Comp Guide best guesstimate for me...i have an accepted work injury i made 31 an hour. I herniated discs in my back and had my L4/5 fused. The qme doctor rated me at 25% permanently disabled and wrote in the report of my need for future operative and diagnostic type medical care etc. He apportioned the injury at 10% degenerative and 90% from my industrial injury. If you were asking for a settlement demand how would i do financially?
I’m 7% disability rating, they offered me 16k I have a lower back injury that won’t let me go back to that job, They gave me a work voucher and I have 6k let in my Permanent disability, I can make a counter offer should I ask for more?
If you are negotiating a C&R, then you can certainly ask for more. However, if you are settling with open medical by entering into Stipulations with Request for Award, then those will be based on the medical reporting. So if the QME report rates out to 7% PD, then you can certainly ask for more. But the odds of the adjuster giving you more are about zero. If the QME rates out to 7%, then about the only way to get more money is to have another report that rates higher, or get the QME report to rate higher.
So your basically paying for your own treatment?
If a workers' comp case is accepted, then workers' comp insurance pays for all authorized treatment. However, at the end of the case if the parties settle with a C&R, then the insurance pays a lump sum to the injured worker, and from that date going forward the injured worker does pay for his or her own treatment. However, the injured worker is paying for the treatment using money received from workers' comp.