worker’s comp case since 8-22-02 what can I expect in a settlement approx.?
I’m considered permanent disablility, I do get social security disability currently. Also $1,029 from the Calpers system in CA. each month for the rest of my life including medical and dental until age 70
I’ve had 3 surgeries and I did work in the maintenance dept. for 15.561 yrs. fulltime and I’m 43 yrs.old.
Anyone out there, just a educated guesss on what kind of settlement I COULD be looking at.
Thanks for your time,
Mike
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Mike, count your lucky stars. I was injured many years ago, got on disability, found a job, got injured again (car accident) but was lucky enough to find another job within the company I already worked for. I was laid off 2 years ago because all of the work was sent overseas. Nobody will hire me, I’m 54, a gimp, White, have been fighting with SSD but anything is still a long ways off. No medical, savings are gone, lost my house. OK, cry me a river. I’m just trying to put things in perspective.
Workers Compensation is designed to protect the company against a large lawsuit. You are allocated a settlement based on what you were making and the disability of the whole man. I can’t understand how you can be on SSD if you are on workers comp, that is not normally done. If they paid you a monthly comp payment then multiply it by 9 and you’ll have you settlement. I say this because they will subtract anything they have paid you after you were rated “stable”. There is no pain and suffering, no money for long term injury unless you cannot ever hold another job even with re-education. You will get a little more if you can’t work but if you are on SSD then your lost earning will be mitigated by your SSD payment. This is a sticky one and they’ll grind you to shi* on it.
Good Luck, feel thankful that you are on disability and not out on the street.
I would imagine that if you did not enter the teaching industry after paying social security taxes for 25 years in the retail industry, you will be OK. I changed my career and went to work for the school district in my community as a special ed teacher and during the summer while working a part time job I was injured, in 6 of 2002. I was denied social security disability benefits because working for the school district in Texas you pay into the teacher retirement fund. The problem is that I was only able to work 3 years for the school dist. and you can’t build a very good retirement in that short of time.
I JUST WANT TO KNOW, WHAT HAPPENED TO THE MONEY I PAID FOR 25 YEARS TO SOCIAL SECURITY BEFORE I WENT TO WORK FOR THE SCHOOL DISTRICT?
I AM FORCED TO LIVE OFF SSI AT A WHOPPING $8,000 A YEAR.
A 51 YEAR OLD
MARK
it depends upon your state agency as to when they want to settle. the amount depends upon your permanent disability rating and the year of the injury. hopefully you have a competent attorney.
good luck!
None. There are no ‘settlements’ in WC. Awards of indemnity are
based on your PD/WPI rating once you have completed treatment to a
point you are stable/MMI. IF you are 100% disabled under WC
rules…your ‘life pension’ would be the same rate as the TTD paid
on your orginial DOI/date of injury. There are some different
applications under CPERS/Calif Public Employees Retirement System.
You cannot force a lump sum payment to close the comp claim. And,
IF you are successful in a C&R/Compromise and Release of the
claim., you would be required to have a Medicare Setaside
Arrangement to proted Medicare interests. You should NOT enter into
ANY settlement negotiations until these issues have been fully
addressed and you understand completely the ramifications of
closing out your comp claim. It is ALWAYS in the carriers best
interests to close a comp claim….seldom in the best interests of
the injured worker. As you are in Calif, SCIF/State Compensation
Ins Fund is likely providing your comp benefits…SCIF would rather
take the bet you will die before you cost them the full amount of a
potential cash settlement. When you die, the claim dies. There is a
LOT more to a cash out than how much your check will be. If you
have not consulted with an attorney…it would be a good time to
consider this. Most of the other posts here are not providing valid
information, or what may be relative to your situation… Message
board not a good substitute for valid legal advice.