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have a chance to settle a Work Comp case & would like to know if the offer given to me is appropriate.?
I 'was' an x-ray tech & injured my shoulder. Not working now & have been dealing with this for 10 yrs, 9 surgeries, lots of medication. Will still need on going pain mangement & P.T., last surgery in 2011. I'm offered a sum of 70,000 to end Work Comp and settle the case. I'm 56, other than shoulder, I'm in great health, I do have Medi-care to supplement my health ins. Need help in deciding this. Pls, if I could get some input.
3 Answers
- michrLv 79 years agoFavorite Answer
In MOST states there is NO need for an attorney
The settlement is based on your percentage of total body disability and MUST meet the states guidelines based on that percentage and your prior income level.
$70,000.00 for someone at your age is a fair amount; just make sure they include continuing medical coverage for the injury...
You can and should make a counter offer of $95,000.00 or more (do NOT be ridiculous) and the insurance company may negotiate with you.
If this is their best offer they will let you know but they usually have a little room to negotiate, BUT
if you are still having issues with the shoulder it will be more important to get the continuing medical coverage, $70,000.00 and medical is better than $95,000.00 and no medical...
You also need to be aware that if you are receiving SSDI (since you have Medicare you must be on SSDI) the amount of your settlement will be taken as an offset against your social security disability.
you also need to be aware that when that offset is taken it makes that non-taxable income (WC is non-taxable) TAXABLE...
what happens is even though you do NOT get that money from social security (due to the offset) it is counted as income from SSDI and social security is taxable....
make sure that the wording in your settlement makes it clear that the settlement is to be prorated over your life expectancy, as long as it is handled in that manner it should not be enough (based on a monthly amount) to be taken as an offset by SSDI.....
Source(s): I am NOT an attorney, but I have first hand experience with WC, SSDI, and the off-set issue which was a bitc* to have to deal with.... - Doctor JLv 79 years ago
What is your attorney advising you to do? You should have an attorney - the Worker's Compensation System will pay for her/him. Also, what are your doctors saying - are you at "maximum medical improvement"? Are you "permanent and stationary"? What is your medical status, per your doctor's medical reports to the system?
9 Surgeries???? What kind of injury did you have? Run over by an X-ray delivery truck?
Best wishes and good luck.
- Anonymous4 years ago
As a criminal expert, i'm in my opinion ashamed of this, regardless of the reality that this would be a fact. i could guess funds that your criminal expert works on a contingency beginning up. He would desire to get a share of what he wins (the two in courtroom docket or with the aid of settlement). The prepare of regulation is a quantity business enterprise. with the aid of way of party, a criminal expert would desire to a lot particularly do a speedy a million hr settlement for $a million,000 than win $2,000 after a month long wrestle. The time spent getting that 2d $a million,000 isn't somewhat worth it to him, because of the fact of actuality in that longer quantity of time, he can turn around extra speedy $a million,000 settlements. If he's taking homestead 30%, he makes plenty extra very final circumstances promptly and extra many situations. What does this propose for you, the customer? precise, you get scr*w*d because of the fact of actuality your criminal expert desires to bypass directly to a minimum of something somewhat worth his time. somewhat, you're supplied out to his laziness. this is perhaps why he's pushing you to take the deal. He desires to funds out. functional, he will probably consult from you approximately litigation possibility (dropping in courtroom docket) and the aptitude of your case justifying the settlement, yet quite some the time this would be a front.