MDJunction - People Helping People
 
Ask a Question
10/12/2010 05:15 AM

Workers Comp Permanency

Swimmom82
Swimmom82  
Posts: 456
Member

Recently the judge has began to speak of a permanency award because of the RSD in my shoulder. I have searched the internet trying to get some sort of idea what the amount is that you generally get from this. As I understand it they assign your limb a certain amount of weeks, then they multiply it by a dollar amount and subtract everything you have been paid from wc out of it. I know it depends on the state (NY) and Im not looking for an exact amount because I know no one could give me that.... Does anyone know a ballpark figure? I don't know if we are talking about hundreds or thousands... Any input would be greatly appreciated!!!
Reply

10/12/2010 05:58 AM
mike1024
mike1024  
Posts: 924
VIP Member

Hi as far as the dollar amount I am not sure but be very careful a lot of times the insurance companies want to settle so they are not responsible for any more medical coverage.I live in Buffalo,NY and my case has been ongoing for 17 years thats how long I have RSD.I have it in my right hand and arm,shoulders,back and both legs and feet plus a quarter of my right hand amputated from the accident at work.What they offered was a BIG JOKE my lawyer and I told them to stick it where the sun don't shine.Make sure you check with your lawyer if it is a good idea to take the award.Mine was not even close to a hundred thousand to be honest it was half.If you have any other questions or concerns please PM me anytime.

Hugs

Mike


10/12/2010 08:34 AM
Swimmom82
Swimmom82  
Posts: 456
Member

Mike... I don't actually have a lawyer... think its about time?? LOL

10/12/2010 09:43 AM
mike1024
mike1024  
Posts: 924
VIP Member

Yes I do,try and find one that has some knowledge about RSD mine does in fact He was a Workmans Comp Judge.

10/12/2010 03:19 PM
patty777

Mike is very right. But don't settle to soon. I know it was hard for me not to settle, my husband was laid off, I had no choice. So let a lawyer in on your case, the evaluation is free. You dont deal with the ins co. , the lawyer does all that. The lawyer in my state gets 20% of the settlement. It was just too hard for us to wait, but then after the settlement my rsd went to full body and I wish I could have waited. The settlement would have been much more, but not sure.

10/16/2010 03:32 PM
rsdcrpsfire
rsdcrpsfire  
Posts: 2023
VIP Member
I'm an Advocate

Hi Swim

Yes you are correct. Once you are deemed permanent and stationary you will be awarded a settlement amount, everything you have received on P&S prior to will be subtracted from that amount. Keep in mind though that any Temporary payments you've received "will not" be subtracted.

I stress to everyone not to settle right away, especially the future medical. Drawing out a settlement amount sometimes doesn't do much good because the longer you draw it out the more that will be taken away. Your medical on the other hand don't give up. I didn't give up my future medical. My settlement was a bit over $40,000 dollars BUT my case went on for 8 years when I settled, so 8 years of payments were removed. After that I had enough left over to carry me for 14 months and it was gone.

Because my rating was so high I did qualify for a very small lifetime penalty payment which I'll receive until I'm 81 years old. They are already trying to offer me a payout for my medical which would be in the thousands. I cannot accept it. It's tempting and part of their game to flash dollars signs before us. Once you release them of future liability (compromise and release) it's done. They are no longer responsible for you at all, ever.

Also, ending up with other illnesses before you settle rarely gets you further compensation. You would have to open a secondary claim to even try. Worker's comp will only pay for the original injury which they are liable for and only in extreme circumstances will pay for anything more.

January 26 will be 10 years for me. And dealing with WC was often just as bad as the pain itself.

I've been diagnosed with several illnesses since which were documented and proven "before" I settled. Because of my sequela which my pain manger started for me (a secondary claim) I was also paid a settlement for my back and for depression for those 2 I did settle on. I shouldn't have, but I could not handle the continued association with WC.

I hope this helped and I also hope it helped the OP in the Need Help Understanding thread.

Warm wishes,

~Twinkle

Post edited by: rsdcrpsfire, at: 10/16/2010 03:34 PM


10/17/2010 07:53 AM
Swimmom82
Swimmom82  
Posts: 456
Member

Thanks Twinkle!!! I don't think I could settle on the medical at this point, I am still seeing two doctors every six weeks and taking several medications. I surely cannot afford to pay out of pocket. As far as settling for the payments, I really didn't want to have to deal with a lawyer, but im afraid im not going to have a choice.

10/17/2010 11:54 AM
rsdcrpsfire
rsdcrpsfire  
Posts: 2023
VIP Member
I'm an Advocate

Afternoon Swim

Honestly, I wish I had never had an attorney at all. I finally got one about 10 months to a year after my injury and I ended up with 7 different lawyers in the same office over the next 7-8 years. No one ever knew my case and my files were piles high. I should have fired them early on, after a while it was too late for another attorney to take it. Very few want to deal with Worker's comp. We're on the back burner to other type cases they feel more important. Even with an attorney I wasn't diagnosed with CRPS until 2003 and I was injured in Jan of 2001. All those early treatment possibilities were long gone. Other than medications I wasn't treated until 2006. Then came the blocks and my SCS in the same few months.

Like you, and nearly most of us, I could never afford my medical care if I hadn't kept my medical under WC. My medications alone are approx. $800.00 per month. Ouch!

Please do your research for attorneys that want to work for you. Mine treated me like I worked for them. No pleasant people at all. The only lawyer that assisted me at all was my final one. A man who studied my case for hours the night before I met him for the first and only time at my settlement hearing. I wish I had him all along, but I am grateful he was sent to me at the end.

Find some one that believes in you. In my state my attorney's fee was 12%.

If you have anymore questions that I might be able to help with, please ask. Will do my best to accurately answer.

Warm wishes,

~Twinkle


10/19/2010 05:12 AM
Swimmom82
Swimmom82  
Posts: 456
Member

Twinkle

All my payments say "temporary total disability" does that mean they can't subtract all those payments from the permanency award???


10/22/2010 10:28 AM
rsdcrpsfire
rsdcrpsfire  
Posts: 2023
VIP Member
I'm an Advocate

Hi Swim

.

Yes. Nothing should be removed from your permanent award. ~smiles. If they deem you permanent and stationary (which means there's really nothing else that can be done for you at this time) then they will begin subtracting. At this point you are in good situation as far as award goes. Hopefully you will have something to walk away with, if you choose to, instead of it being all used up before you had a chance to decide.

Hugs,

~Twinkle

Reply

Share this discussion with your friends:
<< Start < Prev 1 Next > End >>


Disclaimer: The information provided in MDJunction is not a replacement for medical diagnosis, treatment, or professional medical advice.
In case of EMERGENCY call 911 or 1.800.273.TALK (8255) to the National Suicide Prevention Lifeline. Read more.
Contact Us | About Us
Copyright (c) 2006-2014 MDJunction.com All Rights Reserved