Settlement benefits

[linux4guru]

What is the name of your state? California

What is the correct amount that I should settle for if my injury was dated back in 1997 to present. On 03/10/2004, I went throught a micro-surgery that remove the stuff on L4 and L5 to stop the pinch nerve. Now, my worker comp insurance wants to settle with me. Is it too early for them to ask me on the settle? They told me that as of 01/2002 to present, they have paid about $34,000 for my medical treatment and surgery, but what about from the date that I was injuired?


Thanks,

/thomas

 

[cbg]

I know they ask you to keep it brief, but we need a little bit more than that, okay?

Sorry, we were posting at the same time.

How much you should settle for is not really a question that can be answered on a message board without risk. We would need FAR more information than you can put in a forum post, in order to give you a creditable answer.

Are you working with an attorney? If so, s/he is in the best position to advise you. If not, you probably should. A local attorney would be in a far better position to determine an appropriate settlement than strangers on a bulletin board. Many give free or low-cost consultations. Good luck.

 

[linux4guru]

I accidently hit the submit button

 

[cbg]

Yeah, that can happen.

I've edited my response above to give you an answer, although it's probably not what you were hoping for. It's for your protection, however. You could omit a material detail inadvertantly and get an inaccurate response because of it, and this is too important to mess around with. There are some limits to a bulletin board, and this is one of them.

 

[linux4guru]

Honestly, I never consider an attoney. Given my case was closed by in 1998 with medical benefit and it has been more than 5 years. I can't get an attoney now - at least from one attoney that I try to talk to about my case.

 

[cbg]

Regardless, it would be totally inappropriate and irresponsible for someone on a message board, with no more information than can be gleaned in this kind of a setting, to tell you what amount to settle for.

Even if you can't get an attorney to take the case and negotiate the settlement for you (and just because that's one attorney's opinion doesn't mean someone else might not feel differently) you still should be able to discuss the various options on a one-time consultancy basis with someone.

 

[krispenstpeter]

Regardless, it would be totally inappropriate and irresponsible for someone on a message board, with no more information than can be gleaned in this kind of a setting, to tell you what amount to settle for.

Awww hell, I'll tell you.

More than $1

Listen to the old broad. She's smart if she didn't wrap the bun too tightly

 

[cbg]

I took the bun down today.

 

[linux4guru]

"Awww hell, I'll tell you.

More than $1"


You are not helping here... krispenstpeter

Thanks for the info... cbg.

 

[krispenstpeter]

I took the bun down today.

WHOA Momma!!!!

You are not helping here... krispenstpeter

Then how many times does she have to tell you there is no way anyone here can give you a competent answer. And you're wrong about one thing. You should consult an attorney, if only for negotiations.

Your case may be over but the settlement isn't.

 

[linux4guru]

I see - must I consult an attoney... I was hoping to avoid them as much as possible. Anyhow, Thanks!

 

[krispenstpeter]

EUREKA!!!!!!!!!!!!!!!!!!!!!!!!!!

 

[linux4guru]

I guess is that what is an estimate amount or reasonable amount for settlement? Is there such an amount?

 

[2farindebt]

First of all, I am NO lawyer, but I have some suggestions for you since I had a workman's comp case of my own. Do a search for California Workman's Compensation laws. (I live in Indiana). This is full of good information to help you. Now that you've had that surgery, have you reached what is called "maximum medical improvement" - the point at which you won't get any better no matter what else doctors do for you? The terms I use might be called something else in California, sorry. Has your doctor assessed you with a "permanent partial impairment" rating - the percentage that you are disabled? There is a chart in the Indiana laws that lists certain impairments and the percentage of disability that they are compared to your body as a whole. For example, loss of vision is a 35% disability, and a dollar amount is assigned to each percent of disability. Also, Indiana has a limit to the amount that can be paid which I think is around $250,000. You should determine the amount you want to settle for depending on your disability and the restrictions on your ability to earn a living. I would take into consideration the many years you have lived with this problem, also. I strongly urge you to find a lawyer willing to help you. In my state you can contact the Worker's Compensation Board for help in finding one. also, I'm not sure how it works in California, but in Indiana the lawyer is legally restricted in the amount of money he can be paid for winning your case and he receives NOTHING if you don't win the case. My very best wishes to you and good luck!!

 

[2farindebt]

Check out this website: (I found it putting "California Workers Compensation Act" in Yahoo search.)

http://www.workerscompensation.com/california.htm

When you get to it, click on "specific information for employees". This should help you tremendously! Hope I've been a help to you.