Can Workmans Comp force to take buyout??danahli said:What is the name of your state? mi
Where is your Dad's attorney in all of this? Please tell me he does have one!!!!! If not, he needs to get one ASAP! Let the attorney respond to the letter!danahli said:My father worked for General Motors for 22 years. He was awarded workmans comp years ago. He is still disabled/handicapped to this day. He has received letters from GM requesting that he take a buyout. He is worried that they can force him to, therefore he will lose his medical coverage and so on. He is afraid to respond either way. Any suggestions?
From where I grew up..."BUYOUT'S" seem to be the norm. lately. They can not force him to take the buy out, HOWEVER if he doesn't...HE WILL MORE THAN LIKELY END UP WITH NOTHING.danahli said:My father worked for General Motors for 22 years. He was awarded workmans comp years ago. He is still disabled/handicapped to this day. He has received letters from GM requesting that he take a buyout. He is worried that they can force him to, therefore he will lose his medical coverage and so on. He is afraid to respond either way. Any suggestions?
That comment is simply untrue....Now what the insurance company is trying to do is to pay your father for closing future medical benefits so that the do not have the claim on the books. For your father the consideration is whether his current and future medical treatment is related to his original work injury. What can happen of course is that as we get older, things fail irrespective of injury...so it is possible that a doctor could state that a particular condition is not related to a work injury in the future...that is a risk your father will take ....thus, if a doctor deems the condition as not related..the comp carrier will deny payment and the treatment will be covered another way.shellandty said:From where I grew up..."BUYOUT'S" seem to be the norm. lately. They can not force him to take the buy out, HOWEVER if he doesn't...HE WILL MORE THAN LIKELY END UP WITH NOTHING.
Maybe I'm wrong in this case, but where I'm from..." It's a take it or leave it deal".weenor said:That comment is simply untrue....Now what the insurance company is trying to do is to pay your father for closing future medical benefits so that the do not have the claim on the books. For your father the consideration is whether his current and future medical treatment is related to his original work injury. What can happen of course is that as we get older, things fail irrespective of injury...so it is possible that a doctor could state that a particular condition is not related to a work injury in the future...that is a risk your father will take ....thus, if a doctor deems the condition as not related..the comp carrier will deny payment and the treatment will be covered another way.
Is your father on SSDI- does he have Medicare...these are all issues to consider..but this is why he needs to consult with a local attorney that specializes in workers' compensation. Please keep in mind that in most states attorneys cannot get fees on medical benefits paid only on TTD so an attorney may not want to take the case, but a consult won't cost anything and your fathers' entire case should be evaluated before he decides anything.