You will only get a settlement if their …

Comment posted Another workers comp question? by Don Drapers woman.

You will only get a settlement if their is some sort of functional permanent impairment and you are not going to get a ton of money either, and you will not get any pain and suffering, you need to call your adjuster to find out what, if any, settlement you might get.

Don Drapers woman also commented

• Your not suing your company your suing the work comp insurance company for more benefits.

  The settlement that people are talking about is your permanent partial disability/impairment (PPD/PPI). Your entitled to this if your doctor believes that you lost a certain percentage of function to a particular body, in this case it’s your ankle. PPD/PPI is not a settlement, your entitled to it. This is more of a resolution of a file and not a settlement.

  Typically for one to qualify would be that the ankle never healed correctly, you had surgery done on it or the injury came with a minor adjustment, such as limps, loss of sensation etc.

  If your off work and your doctor indicated that you will never be able to go back to work for your employer than you’ll qualify for vocational rehab (VR), assuming your employer can’t create a job to fit within your restrictions. If you don’t want to go to school you can settle this portion and the entire claim out. Thus your settlement to close the entire claim out.

  If your doctor releases you back to work and indicated that you lost a certain percentage of the ankle than you’ll get money for that. The amount depends on your % and the state that you live in as each state is different in how PPD/PPI awards are calculated.

  There is also a chance that you will not get PPD/PPI. In this case the the previous paragraph happens you don’t agree that either the rating is too low or you deserve a rating than you can always request a hearing with the department and let the state determine your award.

  So at this time it’s unknown where you are with the claim, and whether you are eligible for VR and if you can return back to work with your employer. Most cases I seen for ankle fractures end up with a small PPD/PPI award. Settlement would not be cost effective to the company. If your claim involves you going to school you either settle that or go to school.

  80% of work comp claims don’t settle because most cases are not extensive. Your fracture ankle might fit that 80%. Now if you have lost all feeling, and you can’t walk on it…different story.

  Good luck

• I don’t know what state you are in, but go to the web site for workers’ compensation in your state. There is usually an explanation of rights and benefits due to injured workers. I work with WC insurance and in all of the states I deal with, a broken ankle is due some type of payment above and beyond the 8 weeks you were out of work. You can also ask the adjuster on your claim, you will likely get a straight answer, but if you are skeptical, check the answer with the WC board in your state. This web site has a link to all 50 states in case you need it. There is no need to sue anyone for the payment. Most of the time the amount of the settlement is determined by your doctor and the state, not the insurance company.
• Settlement is medical bills & physical therapy and lost wages. You do NOT get pain & suffering, with workers comp.

  You cannot sue your employer, if you did a workers comp claim. It’s EITHER workers comp, OR sue the employer.

  Workers comp is no fault – you do NOT have to prove the employer caused the injury, to collect. Suing, is fault. If you did sue, instead of collecting workers comp, you have to prove that the employer deliberately did something to make you break your ankle – just the fact that it happened there, isn’t good enough.

• It usually depends on the state that you are in as to what kind of a settlement that you may receive. However, I know that in most states, a settlement amount is for a permanent injury; not one that can heal. Since you are going back to work it is likely that there is no settlement for it and the rewards that you receive are for your time lost and medical bills associated with the injury.

  If you had lost an eye, finger, or something like that then there is a statute that will pay a designated fee for such a loss.

• WC insurance pays for your medical costs and disability pay while you are unable to work. You are not entitled to a “settlement” unless you are medically evaluated and found to have suffered a permanent disability. Don’t listen to “people” who know not what they speak.

Recent comments by Don Drapers woman

• 
  No, the umbrella isn’t necessary – unless you have a contract with someone who requires it.

  In CA, you need workers compensation, disability coverage, and general liability. Depending on what your contracts say, you might be required to carry business auto, and umbrella/commercial excess, as well. Likely, you’ll need a license.

  You’ll have to talk to a local agent, to get quotes on all these. But you should be budgeting about $7,000 a year for your insurance, to start.

• Hi Does anybody know I fell and hurt my back and have been out on
  Worker’s comp?
  If i was your employer i would be very thankful i don’t have to pay my portion of the workman’s comp settlement.

  does this settlement let them off the hook for future medical bills related to the injury? I work with a woman who had fallen at her previous job years ago. She took the workmans comp then returned to work upon feeling better when everyone else told her to get an attorney. She now has severe medical problems that have developed from the original fall 10 years ago.

  be sure you are fully aware of what you are about to do whether you take the settlement or return to work.

• 
  You are dealing with the “Oh, we just can’t pay” people. I would suggest you take it up with your Congressman. That’s how I got my claim resolved but it took 12 years of letter writing. Then after you win your claim there are few doctors that will take OWCP insurance if you can call it that. OWCP pays what it pleases when it pleases and if you find a doctor dumb enough to deal with OWCP you can be sure he will get smart quick. Forget looking for a lawyer as they won’t touch it with a 10 ft. pole. Now you know how the American Indian must had felt.
• 
  look up

  www.pparx.org

  you amy be able to get meds for free

  did you work for BAnk of AMerica? it seems they do have a right to fire you..since they can beleive that you were involved in it…even though it was your wife—you can try writing a letter to explain…

  have you not been working this entire time? FMLA is only 3 months…they could have fired you after 3 months if you couldn’t return to work.

  what is this STRESS WORKERS COMPENSATION thing (what state) i should be rich if i can do this in my state..it is normal for employers to be abusive and cause stress in my state

  since your disability has been over a year you should be eligible for ssdi…if you have an HIV related infection you will get approved quickly..cancer should help you get approved quickly

  www.ssa.gov

  some states may have extended fmla

  saying you should just borrow money from someone is ignorant

• 
  Keep calling and writing until you get a supervisor to talk to you.

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Tags: Another, Comp, question, Workers'

This entry was posted on Thursday, March 11th, 2010 at 2:17 am and is filed under Worker Q & A. You can follow any responses to this entry through the RSS 2.0 feed.