Settling out questions

[berdonj]

What is the name of your state (only U.S. law)? Hawaii
I have been let go by my company and was told to let workers comp take care of me. Now, the insurance company wants to settle out. I'm not sure what is best to do. Partial setlle, or settle out completely. So, far have been receiving checks every 2 weeks. I don't know how long I can collect by law workers comp in Hawaii. Can you give me advice on this. I have been told by 4 Orthopedic surgeonss, that I will need a total right knee replacement, but I'm too young right now (Age 52 female). This injury happen two years ago.

 

[NLW]

A couple of key questions - have they made an offer, and do you have personal health insurance?

 

[berdonj]

Yes the insurance company has made an offer and wants to settle out. I do have my own health insurance. It was brought to my attention to go partial, but I'm not sure what is the best thing to do.

 

[Indiana Filer]

Why are you too young for knee replacement? If you need it, you need it.

 

[berdonj]

The orthopedic surgeons are telling me to wait till I can't take the pain to longer and I can't walk etc. Also, that knee replacement are done every 12 to 15 years and for me to wait until I cannot handle anymore. I'm thinking that it's an insurance thing where they don't want to pay for the surgery and just wants to settle out.

 

[NLW]

The problem with any joint replacement, is that they don't last forever. Surgeons usually recommend that patients wait as long as possible, as the younger the patient is, the more replacements the patient will need over a lifetime. Further, subsequent procedures don't last as long as the first one. The more you have, the quicker they wear out. So if your first one lasts 12-15 years, the subsequent one may only last 10, and the one after that would last even less than 10 yrs.

There are a lot of things to consider when settling out future medical rights. Have you applied for social security disability benefits? What is the settlement offer that they gave you, and what did it encompass?