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Date for Claimant's testimony?

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Summer bee

Junior Member
What is the name of your state?New York State

I had a permanency hearing today....I was injured (back & leg injury) over 4 years ago while working part time. I tried years of pt, then injections. My problems only worsened with time and I ended up having surgery.

During those years of pt, I worked for another company full time. Pay was higher w/great benefits. Had to stop work due to additional symtoms and increased pain. Doctor scheduled surgery.

I've had complications since surgery and have not been able to return to work, so I no longer have my own health insurance and must rely on the comp ins.from my previous part time job to cover all expenses related to my injuries. My persciptions alone are about $400. a month. I am being told I will need additional surgery. I see a chiro 3x wk.
I'm receiving a weekly check based on the part time job at which I was injured.

At the hearing today, the ins. lawyer stated I have a 75% ppd. They offered me $30,000 to close my case, no more health coverage. I refused. My lawyer argued I have a perm total disability. So now the judge set a date for me to come back to court for testimony, after that date they will get depositions from three of my dr's.

Do you know what I should expect at this testimony hearing?

Also, is there a certain amount of money I should expect from them in a settlement? They will always set my weekly check amount on my part time job and not the higher paying job that I'll never be able to return to, which seems so unfair.

Any idea what back surgery could cost? Am I able to find out what the first surgery cost?

Thanks
 


tjr5150

Member
No one can tell you how much money to expect from your insurance...
Also workman's comp is paying you based on your part time job cause that is where you got hurt, not at your full time job.. Why is that unfair?
Also you said your persciptions cost you about $400.00 a month? If these are for your injury you don't pay for them the work comp insurance does..
Also whatever you do never give up future medical..
 

Summer bee

Junior Member
My perscriptions cost the insurance company about $400. per month, not me. I was expressing my concern of having to pay for them if I no longer had the comp insurance. For the first time in my life I am without my own personal health insurance, no work, no insurance.

I can understand having the weekly comp check based on the part time job, had I been able to recover from the injury.The reason it now seems unfair to me is because I had worked full time before and even after my being injured. Now I can't work at all, so the financial damage to me is not temporary, it is permanent and severe.

If it seems as though I'm complaining, I guess I am. My injury was caused by an unsafe condition that I was not made aware of. I was seriously injured and cannot hold that employer responsible for my future earning potential.

I was really just trying to learn what I might expect as far as a possible settlement. Thought you might have more knowledge on what would be fair.

The insurance company cannot make people like myself whole again, but I do believe they have a responsibilty to keep us off the streets.

Thanks
 

tjr5150

Member
I understand what your going through from personal expereince.. Have you been put at MMI? Also have you recieved a impaiment rating? I read your first post so I know you said some percentage rates.. I'm wondering if they gave you a impairment rating..If they did then the offer they put on the table is by the books.. Now your lawyer could argue it is worth more which sounds like he is doing.. In my opinion $30,000 is low for a back injury.. Talk to your attorney and ask what he/she thanks is fair and you throw some numbers also and go from there
 

Summer bee

Junior Member
While all 3 of my dr's say I can not work again, only 2 of them have stated to me "it will probably get worse, not better" The surgeon stated in report that I can not work & doubts I will ever again have gainful employment.
Between my dr's charges, perscriptions, current amount they sent me, the offer they made would last or be equal to about 1 year of that. Then the money would be gone and I would have no coverage for this lifelong problem.

My lawyer said he wants the insurance carrier to leave me alone. No more hearings or IME's. Once the court states my percentage of perm disability, do they fade away?
I will not release them from health coverage, unless a settlement would able me to purchase health coverage. Also, that health insurance would need to cover my current problem. Would that ever happen?!!! Doesn't look good.
 
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