QUESTION
Does that mean I won't get any money at all if I keep my medical benefits open instead of settling my workers compensation case?
Asked on Nov 08th, 2013 on Personal Injury - Michigan
More details to this question:
I injured my back at work in 2009, when is was 22. I now have nerve damage in my legs. I have had two surgeries. A discectomy/laminectomy and a spinal fusion. I ran out of temporary disability and was put on permanent disability. I have lost my apartment due to being on permanent disability. I am paid way less now. I am about to run out of permanent disability and need to try and start working again. My lawyer asked for $117,000 but the insurance company is dragging their feet and trying to pay me way less. If I don't end up settling and just continue my medical benefits and start working (at another place, my employer doesn't have a modified duty position for me), does that mean I wont get any money/payments anymore? I just go to the doctor when I need to and don't have to pay for it. What about pain and suffering mentally and physically? I know I can get a voucher for school, but can I get actual cash instead? I had to live in my car for a while, and then moved to my mom's when I lost my apartment. Now my car engine is done and i need to get it fixed, can I get some sort of assistance for that stuff, like a lump sum of my permanent disability? I don't think my lawyer is being honest with me and telling me everything I should know. Please help me. I'm losing my mind. I'm so stressed out. It's taking a toll on me mentally and physically. I have even had to go to a dermatologist because my face was breaking out so bad and my face looked like it had a chemical peel (dermatologist said that). I had to pay a few hundred to try and treat it. I was sent to a psychologist before, because of the stress from my injury. I think I want to go back. The insurance company is dragging this case on. They said I filed for social security benefits, which is false. I got a letter from the social security office proving that I didn't, and they wont accept it. They want their third party to talk to social security to confirm and the insurance company keeps claiming that social security isn't getting in touch with them.
4 ANSWERS
Personal Injury Attorney serving Pasadena, CA
at
Law Offices of Pius Joseph
Update Your Profile
Sorry to hear about your situation. If you settle by a C&R you will get more money. If you settle by a stipulation or a F&A you will get less money since your medicals are open. No one can second guess your case since the attorney of record is the best person to advice you on it. If you seriously believe that you are not getting the service from the attorney consult an attorney who can help you in the matter to bring a closure.
Answered on Nov 13th, 2013 at 3:00 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
This series of facts is too complex for this forum. I will only offer that if you are not totally trusting of your present attorney they should be replaced, and it would appear to me that this should be a worker's comp claim. If you are in Michigan you are welcome to call 586-778-0900 to engage my firm, and with additional information.
Answered on Nov 13th, 2013 at 2:59 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
You have a lot of issues here. Pain and suffering is not part of a workers compensation claim. What your lawyer is talking about is a "schedule award" meaning that you get a lump sum and that permanently ends your comp claim. The consequences are serious, so you need to get complete information and consider it carefully. Ask your lawyer if it is possible to get a lump sum on your disability and keep the medicals open. Then again, you mention that there are trust issues between you and your lawyer. Maybe he/she is being honest with you and telling you everything, but you are not listening. Or, maybe you are right, that he/she is holding back for whatever reason. So: you have to either regain trust with your current lawyer or get a new one. Schedule a face-to-face meeting. Think of the quesions you want to ask ahead of time, write them down if you have to. Maybe bring a trusted family member with you. Discuss all of your questions and concerns and don't make any decisions then and there, take extensive notes and go home and think it over. If you still have a lack of trust, that doesn't necessarily mean that your lawyer is dishonest, if just means you have a lack of rapport. You can get a new lawyer and have your file transferred, it happens all the time. Finally, you need to learn to focus: in your narrative you talk about losing your apartment, trying to start work again, getting a voucher for school, your skin condition, your car and social security. It is difficult to listen to all of that, so if you talk that way, the person(s) you are talking to will be less likely to take you seriously.
Answered on Nov 13th, 2013 at 7:06 AM
Ronald A. Steinberg
Generally, a workers compensation case involves payment of the incurred medical expenses, and wage loss for the period when the injured worker is incapable of working due to the injuries. The insurance companies love to pay you some money and then wash their hands of you, so that in the future, if you need additional medical care, either it is paid for by your new health insurance, or Medicare. They love to pass the responsibility off to the tax payers. You have to consult with your lawyer as to what choices you have and what the lawyer recommends. Just remember that if you end up with a bunch of money (in workers compensation cases, $100,000 is a TON.
Answered on Nov 13th, 2013 at 6:47 AM