80% Disability Rating

[JRE]

Ok, so I just settled on a 80 percent W/C disability rating in California. Didnt have to go into the courtroom or anything. No depositions or court hearings. It was pretty much cut and dry. So... My question is. Whats next? Basically I am gonna get $370 every two weeks for some time and medical care for the rest of my days. Is it done now. Is there anything I am missing? I do have a lawyer but they are pretty vague if not down right side stepping any questions..

My main concern is, is there anything else I need to consider. I am sure the lawyer is only concerned with the final $$ amount so they are probably done helping me..

How do I make sure to get future medical coverage. It was part of the settlement but it was still kinda vague.. How do I change doctors if I need to, such as if I move. How do I ensure future meds are covered and how do I get the prescriptions filled.

Is there any other benefits I am missing.

I am new to the forum and basically new to this whole issue.. New ground for me to cover so any and all help is greatly appreciated.. Thanks, JRE..

[lfoster21]

Hi and welcome to the board. I can't give you much advice because I am not quite there yet, but I do know a few things. 1st, in VA I have learned that when they say medical for life...that means 10 years. The thought behind that is after 10 years, people would normally have changes and deteriation to the spine and there would be no way of knowing if your problems would have been the same with or without the injury. So, I would check with either your lawyer or your state website about that. It is better to know something ahead of time. Actually, I first learned that while reading my states website, and then I asked my lawyer if I read it correctly, and I had.

Then you said that you lawyer is vauge. Since you may not see her much after she gets paid, you want to get as much info. from her as possible. You could write a letter to her, outlining specific questions and ask her if she would fill it in with the answers and send it back to you. It sounds like you are finished with all the paperwork for the settlement, but if not and you still have a few more steps that need to be taken, in your letter you can say that you aren't comfortable signing anything else until you have all you quesitions answered in a way that you understand them.

I do believe you will still have some contact with your lawyer after your settlement because from what I have read on these boards, even though they settled with giving you medical...sometimes they still fight to pay for it. So, I would think that would mean you would need your lawyer for those times. I am sure others who have actually gone through this, will be along soon to help you better.

BTW, what are your medical problems? I am curious because I was thinking that the higher the %, meant the higher your disability. And if that is true, I was thinking the settlement would be higher than the $370.00. I know that it depends on the type of injury and your age, but I am just wondering if I have understoodthe % part of it wrong.

Good luck and keep us posted.

[Wink]

JRE,

With such important questions unanswered, I'm hoping that you haven't signed any documents yet. If you haven't, then tell your lawyer that you will not sign anything unless you are completely satisfied with what is written on the pages of your settlement documents. I would let him know that immediately.

[1171]

Under california comp awards, medical continues as it has up to this point. The same rules are in effect after the settlement as before: all treatment still has to be approved thru utilization review; all doctors have to be in the approved Medical provider Network; all disputes still have to decided thru the work comp court.

PS.
your disability payments maybe reduced for a while to pay for atty fee (unless they made provisions to shorten your award and pay it from the back end)
the disability amounts will switch to a much smaller life pension once the PD portion is paid out.

[JRE]

Ok, I actually jumped the gun. What I though of as settling was not. But we did today at the court. Judge signed off and all.

The settlement is 80%. The compensation is $118,000 minus the lawyers 15% paid out over the next eight years. PS two years ago. After that the life pension kicks in for a lil more than three hundred a month with COLA type increases... The lawyer fees were paid from the back so my payments start full right away.

Thanks for the help, I guess I should have asked better questions of my lawyer. I tried but again, she and he were elusive..

So, its done, right??? I hope, tired of dealing with it. Thanks again, JRE

[jayne]

sure isnt much for all the hell you go thru is it

[JRE]

jayne Wrote:sure isnt much for all the hell you go thru is it

No, but really I wasnt expecting much. Just wanted the medical care taken care of so now Im happy.. Been a five year ordeal.. Now its done and I am glad.... JRE

[jayne]

yes it is a big relief to get that monkey off your back

[Lilly]

Congrats on "The End" of all the Bull ****
Lilly

[jayne]

you will go into a bit of a depression because you aim in life(fighting the IC) is gone so find a new hobby quick