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    bubbie51's Avatar
    bubbie51 Posts: 1, Reputation: 1
    New Member

    Aug 18, 2014, 11:42 AM
    Should I settle my wc case?
    I injured my back six years ago.My first lawyer didn't appeal the judges decision and I was denied weekly benefits.however,I've had rotator cuff surgery and I've
    Recently been told by an approved outside doctor that I need a two disc fusion surgery.My current lawyer suggest that I settle,get insurance and pay for the surgery myself. I do not currently have insurance so what are my risk of settlement? My disibilty rating was at 7% before I was told I need surgery. Would
    Settlement be in my best interest? Any advcice would help thank you.
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
    Uber Member

    Aug 18, 2014, 12:01 PM
    A 7% disability rating is pretty low... my wife has a 28% (in both hands) and they have been fighting her tooth and nail to keep from giving her a dime... and they already agreed to settle, in writing.

    Once you get a settlement... and sign the settlement, the next round of fighting starts with how much they are going to pay. They use the tables to determine the max for any given injury... your doctor will show one amount.. they get their doctor to give theirs, and they can be significantly apart causing all sorts of grief.

    Definitely consult with your lawyer on this... you can settle for a cash settlement, which leaves them off the hook, or a much lower cash settlement with continued medical treatment... but odds are you will have to go for a hearing before every now doctors visit.

    Your Workmans comp lawyer can spell this out in much greater detail to you.

    Its anything but a slam dunk or cut and dry.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692

    Aug 19, 2014, 12:52 AM
    A 7 percent is very low and a settlement may not be very much. You need to determine, how many surgery you will need. Total cost, and how the settlement may be.

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