Workers Comp Settlement

[JMD0346]

Hey fellas. I dont post too much about personal stuff so here goes.

I got injured on the job in Afghanistan about 7 mnths ago. Blew out two disc in my neck and had to have a spinal fusion. Actually took two surgeries.

Fast foward to about a week ago. I finally got released to go back to work. Just waiting on some paper work to clear JPAS etc.


Now heres my question. My Ins company (ESIS) is ready to settle out with me in order to close my case. Apparently The INS company and myself have to come to a lump sum agreement for my final payment. This does not include the bi-weekly WC pay Ive been recieving while home. Has anyone been through this before with the military/Contract company? And how would one determine a reasonable amount?


I threw out a number at them today just to guage the reaction and I think i low balled myself. However they said since official negotitiations havent begun that number is nill.


Im not looking to get rich. In fact I just want to get back to work asap.



Any experts out there?



Adam?

 

[termin8rdsg]

I would consult with a workers' comp attorney if I were you. I assume they want to settle indemnity and the medicals together. Sometimes you can keep the medicals open or indemnity. There are too many variables to take into consideration.

It's tough to determine the value of your claim with the information provided. The doctor may have provided you with a ppd rating. That is a permanent partial disability rating. The insurance company may be basing you claim off ppd and then some.

What are you settling medical or indemnity or both? Like I previously said, it would be wise to consult with an attorney that the claim jurisdiction is set up under.

 

[JMD0346]

I would consult with a workers' comp attorney if I were you. I assume they want to settle indemnity and the medicals together. Sometimes you can keep the medicals open. There are too many variables to take into consideration.

Yeah that is something they mentioned. Idemnity and medical.

 

[KingBlack]

been there done that. get a lawyer

if you dont you WILL get screwed.

 

[mike.b]

Don't **** yourself. Find an attorney that knows what they are doing and figure out what's fair.

 

[JMD0346]

been there done that. get a lawyer

if you dont you WILL get screwed.

Have you. Thanks for the advice. I guess a consultation wouldnt hurt.

Thing is. I like my Job and dont want to get into a court deal over it for who knows how long.

I see your point though.


I dont want to screw them or myself. Just what is Fair.

 

[JMD0346]

Don't **** yourself. Find an attorney that knows what they are doing and figure out what's fair.

Thanks Mike. Thats all Im looking for is fair.

Ive never been through this so Im shooting in the dark.


My company(AECOM) has really been good to me and Im one of their best employees. So I do feel some loyalty.

 

[termin8rdsg]

Have you. Thanks for the advice. I guess a consultation wouldnt hurt.

Thing is. I like my Job and dont want to get into a court deal over it for who knows how long.

I see your point though.


I dont want to screw them or myself. Just what is Fair.

You can't get fired because you have a work comp claim going on. Make sure you get a work comp attorney and not a criminal attorney or personal injury attorney, who dabbles with work comp. You claim is fairly complex, even though it's headed towards resolution.

 

[JMD0346]

Let me run this by you guys.


I mentioned in the op I threw out a number today. 25K. I could tell by the reaction i got they loved it!! So I said well Ill think over it tonight and have a better answer in a day or two.

So Im thinking lost pay, possible re-injury, meds, check ups etc... I was thinking of going in negotiations around 50-60K.


Now Im not looking for someone to give me an answer at all. Just for those that have experience with this. Where would that stack up?


Again Im not looking for legal advise. Just some of your opinions

 

[termin8rdsg]

Yeah that is something they mentioned. Idemnity and medical.

By settling both as a full and final means the work comp carrier settles the whole claim. If your neck hurts a week or year from now, you can't go back to the carrier for medical coverge or indemnity...wage benefits. It's a serious decision and one that should have a lot of thought put into.


Good luck.

 

[JMD0346]

You can't get fired because you have a work comp claim going on. Make sure you get a work comp attorney and not a criminal attorney or personal injury attorney, who dabbles with work comp. You claim is fairly complex, even though it's headed towards resolution.

Ok. Duely noted. Ill work on that tomorrow.

Yeah Ive readup on WC law as it pertains to being fired our harrassed. I dont think they would do that. Im really good at what I do and they want me back pretty bad.


The only thing about being a contractor over there is its 12 mnth contracts. I would hate to think I wasnt re-contracted because of this.

Like I said Im only trying to be fair. Ive always made my the hard way. LOL

 

[JMD0346]

By settling both as a full and final means the work comp carrier settles the whole claim. If your neck hurts a week or year from now, you can't go back to the carrier for medical coverge or indemnity...wage benefits. It's a serious decision and one that should have a lot of thought put into.


Good luck.

Right. Got ya. No pay or medical unless i negotiate for contiued medica. Correct?

 

[termin8rdsg]

Let me run this by you guys.


I mentioned in the op I threw out a number today. 25K. I could tell by the reaction i got they loved it!! So I said well Ill think over it tonight and have a better answer in a day or two.

So Im thinking lost pay, possible re-injury, meds, check ups etc... I was thinking of going in negotiations around 50-60K.


Now Im not looking for someone to give me an answer at all. Just for those that have experience with this. Where would that stack up?


Again Im not looking for legal advise. Just some of your opinions

That sounds low. They have a work comp forum for injured workers. You could post your scenario and see what others have experienced.

 

[CPRsm]

25k? Christ. You are probably going to have problems there forever. They are licking their chops right now. Get a lawyer. Not to take advantage of them but you need someone to help you out. You don't want a check cut and have complications a year from now and be on your own.

 

[JMD0346]

That sounds low. They have a work comp forum for injured workers. You could post your scenario and see what others have experienced.

Ok. Ill try that

 

[JMD0346]

25k? Christ. You are probably going to have problems there forever. They are licking their chops right now. Get a lawyer. Not to take advantage of them but you need someone to help you out. You don't want a check cut and have complications a year from now and be on your own.

LOL. Yeah I was just kinda feeling them out since they told me that they wouldnt hold me to any number until final negotiations.


I said 1.3M to start with.:lol: Just for SNG.

 

[termin8rdsg]

Right. Got ya. No pay or medical unless i negotiate for contiued medica. Correct?

You could but please consult a comp attorney who deals with this stuff on a daily basis. I don't want you to have issues in the future, where you wished you did this or that.

 

[JMD0346]

You could but please consult a comp attorney who deals with this stuff on a daily basis. I don't want you to have issues in the future, where you wished you did this or that.

Oh no doubt. I had planned on doing that anyway. If nothing else to get an idea of whats fair.



EDIT: well Ill say I planned to speak with my attorny but per your advise Ill go see a strictly WC attorny.

 

[termin8rdsg]

Ok. Duely noted. Ill work on that tomorrow.

Yeah Ive readup on WC law as it pertains to being fired our harrassed. I dont think they would do that. Im really good at what I do and they want me back pretty bad.


The only thing about being a contractor over there is its 12 mnth contracts. I would hate to think I wasnt re-contracted because of this.

Like I said Im only trying to be fair. Ive always made my the hard way. LOL

Full and final typically means your not going to be recontracted. That's it and any future medical expenses are on you own and you will not be paid lost wages. I bet your contract is coming to an end and they want to settle with you once its up.

 

[JMD0346]

Men I appreciate the replies. Anymore knowledge or just good old opinion is welcome.



Between my Dad and I we've owned our Fab shop for 30yrs and never had to use WC. Knock on wood. Im really inexperienced with this. Kinda sucks the time I finally get hurt Im in Afghanistan.