I in the middle of a worker’s comp case. Can I ask for a settlement and should I?
I broke my foot at work, when I fell on a wet floor that didn’t have a sign up. I broke my foot at the end of October and haven’t been allowed to return to work yet. I would not have walked on the wet floor if a sign at been put up by the person who had mopped. I am unsure of my legal rights. I have RA and the fall hasn’t helped my overall join health. I have been with this company for 4 years and plan on returning to work when the DR releases me, which will be soon. Even though my foot is almost completely healed I still have pain and swelling in my foot. Because of my RA I will probably always have problem/pain in my broken foot.I do feel that I am entitled to a settlement because of neglience on the school’s part. I need some suggestions/opinions on how to handle this. Thanks
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Did you hire a private attorney to sue Worker’s Compensation? Why would you want to offer a settlement? The defendant will offer a settlement, and you can either accept or proceed at that point. From what you have disclosed in your story, it seems by the time this is over, you may not be wanting to work in that environment any more.
Get a lawyer. No one can tell you whether you have a case or not bedtter than a lawyer.
Get a lawyer.
See, most insurance companies will settle for the current injury, but not for any issues down the road that are related to the issue. And once you accept a settlement for a WC case, that is it. You can’t go back and get more money for the other medical care you have had to seek out due to the injury.
Your best bet is to contact a lawyer that is going to look out for you and your best interest. The lawyer is going to make sure that all medical bills stemming from the injury – whether they be now or down the road – will be taken care of, whether they be in part or entirely. If you try and handle it yourself, you will come out on the short end. The company you work for and the insurance company have their lawyers working on this, why shouldn’t you? The lawyer fees can be worked into the settlement, and it might not cost you a thing.
In any worker’s comp case, the attorney representing you will get most of the settlement. I have had three instances of using an attorney, and they came out ahead. I had only a lot of trouble and it wasn’t ever worth my attorney getting rich over my accidents, etc.
There is no way that you will have future problems, unless several doctors state that it is probable. You will have doctor’s bills, attorney fees, etc. If this truly is a problem, carry on, but do know you won’t get rich. Workers comp is totally different than these high awards for spilling hot coffee on yourself, etc.
And most people walk if a sign says it is wet; they just walk more carefully. Otherwise, most people would be standing around, waiting for restroom floors to dry, etc. Today alone, I walked on three wet floors. If I had fallen and hurt myself I would have gotten medical assistance. But I would not sue unless I was permanently hurt, and 3 years or more to fight the case. Not worth a thousand dollars, or less.
My son-in-law and daughter both work for worker’s comp, checking out the stories people tell. Without an attorney, the person gets much more. When an attorney is brought in, everything changes; there are no settlements until everything is done by the attorney, etc. Again, not worth it. Remember, also, attorneys count every minute they work for you. If you call to see how the case is going, they clock your call. FOR EVERYTHING there is a clock running.
Good luck. I don’t think you have a good case, but then you need to make that decision. A broken foot is not life-threatening, and they will offer you something for any future pain. But don’t push your luck and make an attorney rich.
you will draw your workers comp payments until you reach MMI (maximum medical improvement) if your employer does not allow you back to work then the insurance company will have to offer you a settlement ( this all varies by state).
you do not necessarily need a lawyer depending on the state you are in many have the settlement amounts set by the state based on your percent of disability which is set by your doctor. i was in a work related accident in 2005 and settled with workers comp in march of this year and am now in the process of getting my social security disability. if you e-mail me i can give you some info depending on state and then you can decide if you need a lawyer, you may need counsel but you may not, if you can handle it yourself you are going to save 20%-30% of your settlement. good luck!!!
EDIT:
those who have answered that you will not get future care are incorrect. care for the WORK RELATED injury can be included in your settlement.
If you close the claim by lump sum, medical is included in that
settlement… a C&R is a Compromise and Release. You release
the employer for ALL future claims to this injury. There are a
couple of states that do not permit closure of the medical in a
comp claim…but very few. If you are released to return to work
with out restrictions to this injury, you will not be eligible for
any settlement. WC is not like personal injury… there is no money
for punitive damages, lost wages, or pain and suffering…which is
appearantly what you think you are entitled to. Attorney in WC
don’t necessarily get a third or 20% of your settlement. Fees are
based on the amount of work necessary/performed in your claim, and
must be awarded by a comp judge. There is a LOT of misinformation,
and misunderstanding out there about WC… you are seeing some of
that in this thread… lots in fact.