Worker Comp Settlement

How Long Does It Take To Get A Settlement From Worker Comp.?

New postby Latrisha » 26 Oct 2012, 08:59

I am expecting a lump sum settlement from worker comp insurance. I live in NM. It's been over six months since I lost my job because of my injury. Does anyone know how much longer it could take. The insurance company is Gallager Basset
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New postby Desire » 26 Oct 2012, 08:59

Gallager Basset is not an insurance company, they are probably an agency. They CAN'T make a settlement.

You should get the settlement within three weeks of agreeing on the settlement amount with the claims adjuster. Have you spoken to the adjuster, and agreed on a settlement amount?

If not, it can take years and years.

You need to talk to whomever told you you are getting a settlement, and ask them what the holdup is. If it's just a buddy, or someone else who has no authority to act on behalf of the claim, just be aware that you might NOT be entitled to a settlement. In which case, you need to talk to the adjuster about settling the claim. I'm assuming you're permanently disabled.

Also, you might want to file for social security disability.
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If I owe back taxes can the IRS take my Worker's Comp...

New postby Krysta » 26 Oct 2012, 08:59

If I owe back taxes can the IRS take my Worker's Comp settlement? If I owe back taxes can the IRS take my Worker's Comp settlement?
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New postby Erick » 26 Oct 2012, 08:59

Workers compensation is exempt from levy by IRS per 26 USC 6334(7)

I handle these kinds of problems professionally. If you want more information, contact me through my profile.
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What worker's comp money settlement amount would...

New postby Gisela » 26 Oct 2012, 08:59

What worker's comp money settlement amount would arise from minimally displaced jones fracture after surgery?

Would I receive more money if I repaired my worker's comp injury (minimally displaced jones fracture) with screw fixation; or by just letting it heal awkwardly?
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New postby Jeannie » 26 Oct 2012, 08:59

You need some better advice!!!! Workers comp only settles a case if you are permanently disabled. The purpose of workers comp is to pay medical and lost time while you are healing from a work related injury. Why would you want to risk permanent deformity for the possibility of never working again, when you have the means to heal properly and completely when comp pays you to do it? Are you really that anxious to sit on your butt for the rest of your life with permanent disability? Most disabled folks would give their right arm to be in the position you are in. Get your priorities straight. Did it occur to you if you "let it heal awkwardly" it could case you health problems for the rest of your life?
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What is the statue of limitations on a decision to settle...

New postby Katherina » 26 Oct 2012, 08:59

What is the statue of limitations on a decision to settle a workers comp settlement?

My lawer called me and told me that the insurance company is ready to settle. But he was unaware that after a recent follow up visit at my doctors office my doctor and I agreed that i needed a knee surgery for contuing pain i was experiencing. He told me he would get back to me after my surgery. My consern is what if my knee still bothers me further on in life?
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New postby Ethan » 26 Oct 2012, 08:59

There is not time limitation to settle your claim. If you need additional surgery, you may not want to settle the claim now, wait until the doctor says you are stationary. However, you could settle your claim now. Depending on the settlement agreement made by you with your insurance carrier, you could settle but then you would have to be responsible for paying for your surgery bills. So if you really think you don't need any additional surgery, you could settle your claim now. If you think you really do need the additional surgery, you can wait until you are declared stationary from your doctor.

The thing is that if you keep dragging this claim out, your adjuster may decide to do surveillance on you and set an Independent Medical Examination with another doctor to have you declared stationary and then any settlement would be considerably less especially if they get you rather active on surveillance. A lot of doctors are quite happy to do surgery even though it may not really be needed.

So settling your claim is really up to you. If you feel you need the surgery, I would not settle as you will be responsible for all the bills. Another point is that settlement also depends on the statutory laws in your state. However, you have a lawyer, you are paying him/her so talk to your attorney, that is what you are paying them for. And let him know about the doctor visit.

Also, most states have some sort of statutes regarding future medical care, maintenance care and the possibility of reopening your claim in the future for more active treatment. Again, talk to your attorney.
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What are my chances of getting a workers comp settlement?

New postby Yadira » 26 Oct 2012, 13:54

I worked for a company that required lifting and was injured twice. By the second time that I was injured, my job was sending me hours away for work basically to force me out. I was on a medical waiver for light duty and then I ended just quiting. I was seeking treatment through comp, but after I left I didn't think I was covered anymore. My back pain still persists and now I have a lawyer pursuing the case. I have many Dr's stating it is the same injury from when I was treated initially and they have stated that I can't continue doing the same type of work or any manual labor requiring lifting. The situation is my lawyer has sent out an offer to settle along with workers comp C-4 document stating my condition and signed by my doctors. It also says that it is partial disability so I am not going for full disability. My lawyer said that he is trying to get compensation for the next 3 years of my college education since I am back in school. What are my chances of winning this settlement?
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New postby Rodolfo » 26 Oct 2012, 13:54

What state did this happen in? I handled workers compensation for a california construction company....

I can only speak for CA....Alot of employers "starve" their hurt employees, because premiums go up for having injured employees. It is not legal to just let you go because you cant perform your job...so they "starve" the guys. Any incident/injury that occurs on work time at a work place is considered workers comp. and you are covered from injury to healing...the only thing in CA you have to take 3 days before pay will kick in. This trys to fight against fraud. Yes, your lawyer can go in and get all your expensise paid for. Good luck on the college stuff...in CA, yes I would say you could get it...CA is VERY liberal when it comes to workers comp.... hope this helps
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What kind of workers comp settlement can one expect for...

New postby Logan » 26 Oct 2012, 13:54

What kind of workers comp settlement can one expect for loss of toes.?

I live in FL and i had a 3,000 lb. forklift battery fall on my toes because of faulty machinery. My big toe is fine put I've lost parts of three or four other toes. What is my best option as far as a settlement here?
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New postby Danica » 26 Oct 2012, 13:54

What you'll be receiving is called a PPD or a PPI reward which stands for Permanent Partial Disability or a Permanent Partial Impairment. Each toe is rated a certain amount of degree's and depending on the % that is given by your doctor will be the amount of money you'll receive for the lose of toes. You can get anywhere between $2000-$15,000 is my guess.
As for settlement each state is different, if you have a lawyer it's most likely that PPD/PPI will be figured upon between your lawyer and your adjuster.

If you don't have a lawyer it doesn't hurt to ask you adjuster regarding PPD/PPI value, Remember each state is different so your value might be different from what I have.

If you go after the company that made the faulty equipment your going to need to prove whether it's faulty or not. However your adjuster and the work comp company should be able to do a subrogation against that manufacture for the faulty machinery. If they don't and you go after them than the insureance company will ride the coat tails.
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How do workers comp settlements work and what determines...

New postby Shara » 26 Oct 2012, 13:54

How do workers comp settlements work and what determines if you get a cash settlement?

I had an accident on the job back in 2004. i just went to see my doctor for a final evaluatrion on my injuries. now what happens?
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New postby Toshia » 26 Oct 2012, 13:54

It depends on the state you're in but most states will rate the amount of permanent disability using a series of rating scales. Any loss of use of the affected area, job disposition, surgical interventions and future medical (if any) will come into play. In California, your rating is also affected by your activities of daily living (ADL), so if any of your normal ADLs are impaired, that could affect your rating. Your ultimate overall rating determines what amount of cash settlement (if any) you will receive.

In some states, if you're deemed a Qualified Injured Worker, you may qualify for Vocational Rehabilitation (job retraining).

Remember if you have any legal representation, you may lose up to 33% of any cash settlement received to them.
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I have a rating of 20% PPD. What should i expect in terms...

New postby Clementina » 26 Oct 2012, 13:54

I have a rating of 20% PPD. What should i expect in terms of workers comp settlement?

PPD is permanent partial disability.they award it in weeks.Looking for a ballpark figure from an attorney or someone who had similar situation.
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New postby Fallon » 26 Oct 2012, 13:54

You'll need to supply more details, I'm afraid. It could be anything.
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