Settlement and not what will help in the long run

[jeepstang]

My attorney said if they are to settle the sum would be around 60k total and I was thinking its low. If I settle I am in no situation to get any work with my limitations and as I was told they will not retrain in mass if they dont think it will lead to the same money you were pulling in. Now not to brag but for the area I live in I was doing very well and dont see how retraining me in a field I was never in can reach that number at entry level. Am I wrong to think that a settlement that is a years salary or less is a good deal? I am just so perplexed with all of the ins and outs of this whole situation , I can possibly get partial for up to 3 years but he doubts I could get permanent, so if I am not permanent and not able to be retrained possibly what happens? I take a settlement or stay for 3 years and then just disappear? Very odd

[1171]

it really doesn't matter to them that you think you cannot ever hold a job.
the doctor found your disability to be partial and that's the most the system'll pay.
your employer is not going to pay continuous disability to keep you off welfare.
workers comp is designed for both workers and employers and business decisions play a big part in how far they will go.

if you don't want to take your atty's advice, shop around for another; otherwise you'll always second guess your choice.

[jeepstang]

I checked with another attorney and talked at great length about what the options were and the attorney said that most of the advice I recieved is what they would give as well. I am just confused at how if you get hurt working you have 3 years and then get the finger.Being hurt through no fault of my own I am supposed to just curl up and die? It just seems something is missing if they can say "well you cant be trained to reach your wage ....good luck"

[jayc123]

That baffles me too. I dont understand the logic. I could see if they gave you enough money to pay your bills and tuition of your choice with equal pay, but it doesnt sound like it. That sucks.

[jayne]

because they had the money so they had the lawyers write the law to suit them.....always remember you are a case number to them not a human being.

[jeepstang]

sucks all around in the end getting hurt while working is going to make me exactly what I worked my ass off to not become

[1171]

(05-07-2012 02:08 PM)jeepstang Wrote:  sucks all around in the end getting hurt while working is going to make me exactly what I worked my ass off to not become

workers compensation is "no fault".
it is not part of negligence or tort law.
under workers compensation both the employer and the employee share the burden of injury.
the employer has limited payments and the employee does not get to be made whole.
that's why the benefits are very specific and there is no pain and suffering.

it's more then nothing but less then everything.
exactly what every state legislature wanted and why all 50 states quickly made it law.

prior to workers comp every injury went thru civil courts- it took years to get heard. a real mess that was getting worse as we became more industrialized and populated.
you can find out more about the history of workers comp and how it progressed from wikipedia and other sites.

currently it's under constant attack from anti-worker legislators and politicians and many states are regressing back to the minimal benefits of the 40s and 50's.
but to someone that doesn't understand how little workers had before, it may seem meager.