HOW LONG AND WHY - Printable Version
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HOW LONG AND WHY - rholmes - 07-19-2007 03:03 PM
I AM SO HAPPY TO SEE PEOPLE ARE FINALLY GETTING THEIR SETTLEMENTS AND THINGS ARE LOOKING UP FOR THEM. MY QUESTION IS JUST HOW LONG IS TO LONG FOR A CLAIM TO SETTLE? I HAVE BEEN WAITING 16 YEARS. IT SEEMS MY JOB IS JUST NOT GOING TO SETTLE WITH ME UNTIL I EITHER QUIT,DIE OR TAKE AN EARLY RETIREMENT. I HAVE BEEN WORKING SOMETIMES IN UNBARABLE PAIN FOR YEARS I HAVE ALSO HAD SEVERAL MORE INJURIES. SO I AM WONDERING IS IT BECAUSE I HAVE OTHER INJURIES OR AM I BEING SCREWED NOT ONLY BY THE COMPANY I WORK FOR AND THEIR INSRUNACE BUT MY ATTORNEY TOO. AND NOW THAT WE HAVE A GOV. THAT IS ALL FOR THE BIG COMPANY I KNOW MY CHANCES ARE SLIM AND NONE OF GETTING PAID FAIRLY WHAT I FEEL I AM DUE. HAS ANYONE WENT THROUGH THIS NIGHTMARE? ANY ADVICE FOR ME? MY ATTORNEY HAS EVEN WENT SO FAR AS TO TELL ME THAT WHEN I RECIEVED TTD THAT THAT IS ALL THE MONEY I AM ENTITLED TO AS FAR AS A SETTLEMENT GOES I HAVE ALREADY BEEN PAID. DOES THIS SOUND RIGHT TO ANYONE. IF THEY JUST PAID ME THE LOST IN WAGES I HAVE OVER THE YEARS IT WOULD BE WELL OVER 300K.
RE: HOW LONG AND WHY - capricorn - 07-19-2007 03:23 PM
Dear Lord Rholmes....I feel terrible. My husbands took over 3 years but there are some here that have been at it alot longer than that. 16 years? Why so long? Have you been working off and on for the Co. since the first injury? And then got progressively worse? My 1st injury was 8 1/2 years ago but I always either worked through the injuries or went back to work full duty. I am at such a loss for words. I'm sorry. Hopefully someone will come along and help. I might be wrong but I think badboy is one of the longest. My prayers and thoughts are with you. Please PM any time you need to talk, scream, yell, cry. Shoulder hurts but it will hold your head.
RE: HOW LONG AND WHY - Pooh - 07-19-2007 05:16 PM
mine was 5 yrs - and I never got TTD even though I was off work because of the injuries. I ended up quitting because the company kept screwing me around with doctors that didn't care and showed they didn't care about my health and even went as far as going behind me and getting my restrictions reduced so that I could do more work.
RE: HOW LONG AND WHY - rholmes - 07-20-2007 03:48 AM
THANKS POOH AND CAP. I JUST DON'T GET IT YES I HAVE BEEN WORKING, BECAUSE I WAS TOLD THAT AS LONG AS I WAS OFF I COULD NOT SETTLE SO I WENT BACK TO WORK. BUT THIS HAS BEEN GOING ON FOREVER. FIRST I THINK WAS BECAUSE OF THE CRAPPY LAWYER I HAD THAT WAS 7 YEARS WASTED. BUT HE DID GET ME 2 ADVANCES SO I GUESS THAT WAS MY SETTLEMENT THE $1,500.00 . POOH DID YOU GET A NICE SETTLEMENT OR WAS IT JUST SOMETHING TO MAKE YOU GO AWAY? AND THANKS CAP FOR THE SHOULDER KEEP IT CLOSE BY..LOL
RE: HOW LONG AND WHY - capricorn - 07-20-2007 07:11 AM
Pooh....in the past year I must have missed that you quit. I never knew that. And yet you still won! each case is so different and I do think it's a matter of holding your ground, educating yourself and most times a good attorney. I always thought if you quit, that was it. learn something new everyday.
rholmes......You were given bad advise. I don't know anyone who WAS still working who has settled their case. I'm sure it's possible and happens I just don't know of any situations. I am interpreting your situation as they ( the employer, your attorney, the IC) are saying that IF you can work why would they pay you not to. Have you been under a DR.s care all these years? Why has no one ever put you out of work? The shoulder is always there my friend.
RE: HOW LONG AND WHY - Still in Limbo - 07-20-2007 09:32 AM
I've been injured since '04 and haven't worked a day since, not because I don't want to , I can't!! My back is totally shot, and I have never heard of having to be working to be able to settle! I think you really need to take a good look at your current Counsel, and find out why you would be give such wrong info. If you are paying your Counsel while your case is going on, maybe they aren't in a hurry to get you a settlement? A % of your Pay for 16 years sounds like someones making money if this is the situation. You need a good set down across the table Meeting with your Attorney to find out what's going on! Good Luck and Please keep us informed!
RE: HOW LONG AND WHY - Eartha - 07-21-2007 02:28 PM
I'm going through the same thhing I got injured in 2001 with my back,I work light duty until May 2002, i reinjured my backthat sent me out on total disablity by the state,I got paid for the 1st injury but now they refuse to pay for the 2nd,even though i had to have total spinal surgery.The worker comp.Dr stated that since i had scoliosis that the pain i was having was from that and not the injury even through i never had any problem with my back before.Ihave been nursing for 29 yrs.before my injury,i have hurt my back 2 times before but not like this,I went for a mediation last wk. but no offer was made, they stated that the Dr.knew what he was talking about and my pain was from my scoliosis, so now i'm taking them to trial.I'm now working part time,but i just don't understand why.[/size][/color]
RE: HOW LONG AND WHY - capricorn - 07-21-2007 04:43 PM
OMG limbo I never thought of that. Makes sense though.
rholmes ...have you been collecting part of your pay from WC all these years or are you strictly being paid by the employer?? i'm sorry if you told me before. I can't even keep the date straight. Please let us know. This all sounds like something is fishy. Limbo is right. If you are collecting anything from WC and your attorney is getting a % he is making more money like that then ever settling at this late date. Please give us more so we can see if between all of us we can sort through this mess for you. Prayers are with you.
RE: HOW LONG AND WHY - rholmes - 07-22-2007 03:30 AM
OK CAP, HERE GOES
I STARTED WITH THIS CO. IN 83 BUT THE FIRST TWO YEARS DO NOT COUNT BECAUSE I WAS PART TIME UNTIL OCT OF 85, IN 1992 I INJURIED MY SHOULDER, I WAS OFF FOR ABOUT 3 OR 4 MONTHS. THAT CLAIM NEVER SETTELED, WHILE OFF THEY DID PAY ME TTD (TEMPARY TOTAL DISABILITY). AROUND 94 OR 95 I WAS ATTACKED ON THE BUS BY A PASSENGER AND THAT REINJURIED MY SHOULDER I WAS OFF AGAIN MAYBE FOR ABOUT 5 MONTHS. CAME BACK TO WORK AND IN 1996 I WAS ATTACKED AGAIN (KICKED IN CHEST) CAUSING MY ARM TO GO OUT AGAIN. IN 97 I HURT MY BACK WAS OFF AGAIN FOR ABOUT 6 MONTHS WORKED FOR ABOUT 2 YEAR AND BACK WENT OUT AGAIN IN 99. I WAS OFF MAYBE A MONTH. AND WENT BACK TO WORK. 2002 BACK WENT OUT AGAIN THIS TIME I WAS ALSO HAVING PROBLEMS WITH MY KNEE, BUT THEY REFUSED THE KNEE SURGERY AFTER ABOUT 8 MONTHS I WENT BACK TO WORK AFTER ABOUT A MONTH THE DOCTORS OFFICE CALLS AND SAYS WE ARE GOING TO DO THE KNEE SURGERY. IT WAS NOT UNTIL AFTER I HAD THE SURGERY THAT I FOUND OUT THE COMPANY NEVER APPROVED IT, BUT INSTEAD THE DOCTOR DID IT ON A LEIN. I ALMOST HAD NO INCOME FROM STATE BECAUSE I HAD ALREADY BEEN OUT 8 MONTHS WITH MY BACK. OVER THE YEARS PEOPLE HAVE REFERED ME TO DIFFERENT LAWYERS THEY SEEM GOOD UNTIL I GET WITH THEM I HAVE HAD AT LEAST 5 OVER THE YEARS. AND NOW THAT I AM LESS THEN A YEAR AND A HALF TO FULL RETIREMENT THEY GET ANOTHER DOCTOR TO SAY THAT I AM UNABLE TO CONTINUE WORKING AS A BUS DRIVER. EVERY TIME MY CASE GOT READY TO GO TO COURT THE COMPANY (SELF INSURED) WOULD GET ANOTHER ATTORNEY, AND WE WOULD START ALL OVER THEY HAVE HAD AT LEAST 5 OVER THE YEARS ALSO. MY FILE IS ABOUT 100 LBS. I HAVE NEVER SETTLED OR EVEN BEEN OFFERED ONE EXCEPT WHEN I FIRST HURT MY SHOULDER IN 92 THEY OFFERED ME $3,500.00 IF I QUIT OF COURSE I SAID NO SINCE THEN IT HAS BEEN A TOTAL NIGHTMARE DEPOSITION AFTER DEPOSITION ONE LAWYER AFTER ANOTHER. NOW I AM SO TIRED AND FRUSTRATED I AM JUST READY TO GIVE UP TAKE A MEDICAL RETIREMENT AND JUST GO ON WITH MY LIFE. I ASKED MY LAWYER THE OTHER DAY SHOULD I APPLY FOR SSDI SHE TOLD ME NOOOOOOO SAID IT WOULD BE A MESS, BUT TOLD ME I SHOULD CALL HR AND ASK THEM HOW MUCH WOULD I GET IF I TOOK A MEDICAL. I DON'T TRUST HER ANYMORE BUT I DON'T KNOW WHAT ELSE TO DO I KNOW IF I EVER GET A SETTLEMENT EVERY ATTORNEY I HAVE HAD GETS A PIECE OF THE PIE AND SO FAR IT HAS BEEN AT LEAST 5 ONE HELD MY CASE FOR 7 YEARS AND DID NOTHING WORKERS COMP APPEAL BOARD GAVE ME EXTRA TIME TO GO FIND ANOTHER ATTORNEY AND SINCE THEN IT HAS BEEN HELL ON EARTH. ALL I KNOW IS I AM TIRED, TIRED OF HURTING TIRED OF CRYING TIRED OF BEEN TREATED LIKE I AM A THIEF AND A LIAR, JUST TIRED. THIS IS A MESS. AND TO MAKE MATTERS WORSE NOW I HAVE ACHILIS TENDNITIS WHICH GOING BY THE INTERNET MAY NEVER HEAL BECAUSE I WAITED TO LONG TO SEEK HELP. MY LAWYER SAYS THAT WAS THE STRAW THAT BROKE THE CAMELS BACK AND I AM CONSIDERED A BIG PROBLEM THAT THE COMPANY WANTS GONE. BUT NO SETTLEMENT. MY UNION SAY I CAN STAY OFF FOR 1 YEAR BEFORE THEY CAN FIRE ME BUT THAT WOULD LEAVE ME ABOUT 4 MONTHS SHORT OF FULL RETIRMENT. I DON'T KNOW WHAT TO DO I AM SO CONFUSED.
I AM A SINGLE PARENT MY INCOME IS ALL THERE IS NOT SURE WHAT MY FUTURE HOLDS. I AM 50 SO I STILL HAVE 10 YEARS BEFORE I CAN GET SS.
I DIDN'T MEAN TO WRITE A BOOK BUT I NEEDED TO TELL THE WHOLE STORY WITH HOPES SOMEONE WILL UNDERSTAND IT. ALL OF THE DATES MAY NOT BE EXACT BUT THE INJURIES ARE REAL AND SO IS THE PAIN DOCTOR SAID I WOULD NEED TOTAL KNEE REPLACEMENT AND I THINK I AM AT THAT POINT NOT TO MENTION I MAY NEED BACK SURGERY SOON BECAUSE MY BACK IS GETTING WORSE BY THE DAY I TRIED TO CUT MY FRONT LAWN THE OTHER DAY HAVEN'T BEEN ABLE TO STAND UP SINCE.
MAY I ADD THEY DID PAY ME W/C BENIFITS EVERY TIME I WAS OFF EXCEPT WHEN I HAD THE KNEE SURGERY AND I AM ON W/C NOW. BUT I DON'T KNOW HOW LONG IT WILL LAST I HAVE BEEN OFF WORK SINCE MARCH.MY ATTORNEY SAYS EVERY TIME THEY PAID ME W/C PAYMENTS THAT WAS MY SETTLEMENT. HOW CAN THAT BE? THERE IS A LOT MORE TO THE STORY BUT I AM TIRED OF TYPING NOW.
RE: HOW LONG AND WHY - Pooh - 07-22-2007 04:45 AM
Most states have a 2 yr statue of limitations to filing it in court I think. Now each state is different on the meaning of this so - in a way your attorney may be right if in the past the other cases never were filled in court - that I am not sure on - but it will go to show that in the past they have always allowed you to come back to work in my opinion and now all of a sudden they are saying NO way.
Most IC don't offer a settlement to an IW if they don't know about it. Sorry that is the fact or if in most cases they feel that the IW has returned to 100% of MMI. meaning they returned to preinjury status. So not all cases will end up in Settlements - there are many that are just medical and some that are medical and TTD.
As for me - my settlement per the court was just for my lower back - they ended up denying the shoulder injuries - which was ok with me. So the settlement in my book was ok. And the news that I have gotten since then was more than worth being off work the past 3 yrs. I mean going from facing a shoulder replacement because of a disease that one gets because of a trauma related work injury to having it cured (A miracle of God if you ask me) is worth it in my book.
I still have problems with my lower back - lots of spasms and can't sit for long periods of time without switching positions or getting up and walking around. But that is better than dealing with surgery at this point. I may never need that either or it may be years down the line - with my flexibility.
I think at this point the question you need to ask your attorney is what was your previous impairment ratings then and if they can prove that they paid anything toward the impairment other than TTD. If I remember correctly you are in CA and under the new laws - there is the laws for the previous injuries and impairments in place - so your attorney needs to find this info out anyway. If there was no previous impairment ratings - then the ttd would be all that the IC would have paid as the never had you rated and you probably were not aware of your rights at the time.
As for the current injuries - since the previous were never rated - then the impairment ratings that were not given could not have an impact into your impairment rating now in my opinion. But surely you would be entitled to an impairment rating if you have had surgery.