Do I have to accept a workman’s comp settlement and lose all benefits of medical care and medications?

Saturday, August 27, 2011
By WcrAdmin

Offered a settlement and I need to know my rights because I don’t feel the settlement is compensation for my disability of 10%.

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8 Responses to “Do I have to accept a workman’s comp settlement and lose all benefits of medical care and medications?”

  1. In order to evaluate it, you need to post all possible information. Nobody is in a position to evaluate your case based on what you presented.

    #9578
  2. Seek legal counsel. There are lawyers that specialize in this area. You don’t have to accept anything that you don’t think is correct.

    #9579
  3. I depends on how the settlement came about and who ok’ed the settlement.

    #9580
  4. With something this important, you should see an attorney who specializes in workman’s comp. Believe me, Workman’s Comp. will screw you if they can. They do not have your best interests at heart, only their bank account. In my state, the % an attorney can charge you is governed by law so they can’t end up with your settlement.

    #9581
  5. You should have a lawyer that’s handling the case for you, and he or she will be familiar enough with your case to make an educated assessment and give you good advice. If you don’t have an attorney, get one. Any answer you get here will be pure speculation and won’t help you.

    #9583
  6. Depending on what state you live in ,a personal injury atty will represent you for 24/30% of your judgement.This is the only way to go,I got nearly 5 times as much $,and my % of disability raised from 10% to 30%.

    #9584
  7. This is not personal injury, it’s workers compensation. There is no
    fee for an atty consultation. However, regardless of your state, WC
    awards are pre determined, and based on your impairment rating. ie,
    if you are in Calif, your 10% would pay bi weekly benefits for 40
    weeks. One week for each 1% of the rating. Some states the rate is
    the same as your TTD was paid, some are reduced but still dependant
    upon your AWW/average weekly wage. Your PD rating is a difficult
    calculation, and based on evaluaton by your treating physican. No
    one is ever of the opinion the money is enough. That rating though
    is a gage to your reduced ability to compete in the open labor
    market, How your injury and restrictions limit the number of job
    available to you. If you dispute the rating, go to the WC court and
    file for a hearing with a comp judge.

    #9641

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