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worker's compensation

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hendor

Guest
After suffering a brain injury should I be anxious to settle a claim after more than 15 yrs have passed?
 


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Georgana Chastang

Guest
What State are You In?

I am not an Attorney, just someone who used to be a W/C Adjuster in FL. So, it's just an opinion. Have you been on W/C this entire time? And what state are you in? Are you able to return to work? Have they told you that you are permantly and totally disabled?

[Edited by Georgana Chastang on 03-22-2001 at 04:33 PM]
 
H

hendor

Guest
workers compensation

Now reside in homestate of Minnesota as could not get along without help from family. Yes, on WC for now over 15 yrs. Was accepted voluntarily as PT by one ins. co which later sold to another ins. co. They have hired a co. to do a yearly eval. after 15 yrs. of not ever having one. The woman said she was a case mgr. & spoke with me for at least 90 min. & determined that i should go to work. The FL state WC ofc. said ins. co's can do whatever they want. The rules say the date of my injury does not apply to a yearly eval. But so much for WC rules. I am still looking for me, so a job would be questionable as yet. But this case mgr. asked me how much house was worth & my military discharge status which are things i do not feel are applicable to a WC case. Sorry so long, could go on & on....with details.
Doreen Henricksen
PS-injury is a fractured skull(robbery)with coma & cognizant difficulties. Have painful neck(shoulder,back) & hip from orig. injury. Newspaper article said i was severely beaten.
 
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Georgana Chastang

Guest
Hope This Helps

I'm not familiar with that State's law, however, no adjuster can tell you to return to work. They have to send you paperwork, stating they're putting you on Wage Loss. Call this lady back, and tell her you want to see a Dr. Tell this doctor that you were found totally and permanently disabled (is this right)? They'll send the insurance carrier your status. Even though it's been fifteen years, you can certainly ask if they're interested in settling the claim. Noone has to settle the claim, but I don't believe she can tell you to go back to work. That doesn't sound right to me. A DOCTOR has to tell you, not an ajuster. If you don't get any satisfaction, you can call the State Worker's Compensation people. I try calling the State W/C where you moved to first. They'll let you know if they can handle. If not, call the State where the claim was made. Then, get an Attorney, as the State will probably hold a hearing on the matter. Whereas Adjuster's are licensed by the State, we cannot tell people to go back to work, unless a doctor has said you can work. Hope this helps, and good luck. It doesn't matter what the paper says, by the way, only the doctors you're seeing.
 
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hendor

Guest
I am sorry, but last reply confused me as i did not state that i was injured in FL, leaving u to surmize. Could not continue to live there so moved back here. So now perhaps u could advise with somewhat more clarity. I do understand that you believe or know that it is Dr.s judgement determining return to employment status. Thanku. If you feel more info. would be helpful now knowing injury occurred in Broward Co., FL in 1986 please feel free to reply. Thanks again. PS: i am 52 yrs. old, but have relearned numbers & alphabet. Injury was at age 37 & 20 days old. First used computer in military at base where dead bodies were processed from Viet Nam. And have been told I need a Fl attorney.
 
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Georgana Chastang

Guest
Answer

Ok, I understand. You were injured in FL. You didn't state if the doctor you saw back then returned you to work though, and what your disability rating was. If he declared you totally disabled, then I would indeed hire an attorney. I really don't know if you should get one in FL, but I would think FL rules apply. As you were injured back in 88' or whatever it was, those rules apply. I would certainly seek an attorney in FL. (I could be wrong on this though I doubt it.) Anyway, if you were totally disabled, i'd try to settle the claim, and then apply for social security disability. If you want to try returning to work, tell the attorney you're interested in being retrained in say, the computer field. What this might do, is when w/c learns that you want to be retrained, they might decide they do want to settle to get rid of you. Then take the money, and do whatever it is you need to do. You see, you said you've been on w/c for 15 yrs which leads me to believe you were put on total disability, and they can settle, and leave the medical open. Back then, they couldn't settle the medical part of the claim. Now that the laws changed, they met let you settle the medical as well as the comp. I'm not familiar with current law, only that they can now settle FL medical claims as well as the comp. I'd have the attorney go back and look at your file to see if w/c paid you correctly, just in case he doesn't think about it. Changing hands you never know what one was doing with your case. And the w/c people are correct in that your w/c carrier doesn't HAVE to settle, it's up to them. But, like I said, there are times when it's in everyone's best interest to settle the comp. If you're not totally disabled, then they should have you on what's called Wage Loss. Do they? Anyway, I hope this clarifies it up a bit. But if I remember correctly, FL W/C LAW still applies, as the injury happened there. Good Luck

[Edited by Georgana Chastang on 03-27-2001 at 05:14 AM]
 
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hendor

Guest
questions-wc

May i ask where u reside now & which yrs. u did WC? Ins. co. already made me get soc. sec. disability. Does one not have to be getting a wage to be put on wage loss? Am so happy u have been able to reply. there may be hope-but i wonder. Insurance co.s can be ruthless. And cost for an atty. ???? My present claims person at ins. co. (they change so quickly) said something about wage-loss, but will have to wait for a notification. They have based my WC payments on wage loss initially & has gone up a % every yr. when they would do it & sometimes incorrectly. Thanx for being there & if u like i can keep u updated-might be slow going. During 1st yr. of disablity was asked about working at Goodwill & i will not. Fear factor where working with people. I know there are nice paople but those bad ones i want to avoid at all costs. This is quite a good site! thank u. & await reply when u have time or feel like it. DH
 
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hendor

Guest
Did not say in last post-becuz wc COULD DEDUCT SOC. SEC. THAT IS WHY THEY MAD ME GET IT. Was 'voluntarily accepted as PTD' so kinda leaves a door open for them i guess. Think of telling them to take away the pain & would consider doing some kind of work parttime.
 
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alba

Guest
If they are offering you a lump sum payment I would not be so fast to accept it, for one you lose rights to medical payments for doctors and treatments. If you get SSI than you may consider this. In the long run the lump sum is far less than a check every week or 2 for life.
 
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hendor

Guest
Thank you very much for reply concerning my 'situation'. Ins. Co. just now seems to figure i should go to work after 15 yrs. of making a mess of my life by doing next to nothing except sometimes cutting grass & shoveling snow. I have not been able to think of what to do for myself in 15 yrs. as 11 of them were trying to raise a child unsuccessfully. 'They' do not seem to know that each head injury is individual to its' owner. I would give it back if... thanks again. I shall heed your notes.
 
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Georgana Chastang

Guest
Your Reply

I'm sorry that you're so upset with W/C, but I don't think that'll help anything. First of all, I reside in FL, and was a W/C adjuster from 1984 to 1988. Back then, you didn't have to pay for any attorney, however, they've changed that law. As for incorrect amts. being paid out to you in the form of your worker's compensation, I'd like to explain something first. When you initially are put on W/C, they take the first 13 wks. of what you made, include anything like uniforms, if you were supplied any, any group insurance you had, (when your group insurance is dropped). etc. Also, something most people don't know, is that when you see a physician, you can claim your mileage. What you do is record your miles before you leave, and then when you get there, when you leave the doctor's office and when you get home. In FL, that's 29 cents a miles as of this date. I found a site that may help you. It's an attorney's site, and even though it's in FL, they may still be able to help you. They answer alot of questions, and you can ask about any State apparently. Lastly, Wage Loss is when you've been told by your physician that you are able to return to work. When this happens, you have to perform a good faith job search or they can take your benefits away. And most adjusters do check to see if you've been on the search that you've written down. For the site I'm talking about, go to http://www.news4jax.com. Go to the legal section, and then on to W/C. They have a lot of information for you.
 
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hendor

Guest
workers comp.

I want to thanku for your response & info.. Had an appt. with Dr. this a.m & says he would not grant permission to go to work. So will see what happens from here. Head (brain)injuries are complicated. Not quite like breaking anything else when fracture the skull with impact. I would like to be productive. However, will have to wait for right opportunity. Thanks again. Have a happy.......
 

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