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Old 09-16-2009, 06:13 PM
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Join Date: Sep 2009
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back injury buout future medical


What is the name of your state (only U.S. law)? california, In 2003 i injured my back while lifting a heavy instrument at work. This turned out to be a major injury where i was eventually put on permanant disability with lifetime medical. Over the years i have seen quite a few diffrent doctors mostly orthopedic surgeons. I was deemed to have a permanant but stationary injury which flares up and requires medical treatment. I am on ssdi and receiving no workers comp payment. in july the insurance company offered to buy out my lifetime medical. Is this a good offer and how much money can i expect to receive. I am 61 years old and it is a lower lumbar herniated disk injury.
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Old 09-16-2009, 08:22 PM
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Join Date: Feb 2008
Posts: 54

Workers Comp


If you still are receiving treatment or think you will need it in the future, I would NOT settle.
You have a pre-existing condition so no insurance company is going to foot the bill for the back injury. You are a liability to them and they are trying to "buy you out" to stop paying your medical bills. You cannot collect workers comp and SSDI at the same time. You can collect SSDI and have comp continue to pay your bills for your back.
I also have a back injury and had a surgury. I worked for the state (for 12 +years) and got Disability retirement. W.C. really twisted my arm to settle, but the commissioner said I do not have to. I still see a pain management doctor 3-4 times a year. As we age, we get worse (arthritis) so, is the lump they would pay enough to cover all your upcoming BACK bills?
I say, stay the way you are. Collect SSDI and stay on comp. Medical bills are really expensive. I choose to make them pay and collect my monthy check which is decent. Not sure what your amount is per month. Do not get an attorney. The book on comp is easy reading and they want you to settle so they can collect 20%. Do not hire a W.C. attorney. I walked my mailman through the claim, and he did well~
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