Quick Question

[jtr_30]

Hi, im new to this forum. I've read tons of threads on here and I myself have a question. I live in NY and I have been on Worker's comp. for about 5 yrs. and my friend has been on comp. for about 3 yrs. The only thing that my lawyers have stated in an ending in my case is a sec. 32 settlement with no medical, however, my friend is being offered over $100,000 and they will continue to offer him medical coverage. Is something like this even possible? I recall my lawyer's stating that that was not possible. So is his offer of $100k and lifetime medical realistic? If not why and what would be more realistic. Thanks

[1171]

pricing a comp settlement is very complex and really can't be done on a message board
there are different types of awards under workers comp and the parties can chose to settle cetain benefits and not others.
your's maybe considered "partial" and therefore more limited while his could be "total" and unlimited/lifetime.
some rare progressive diseases don't ever reach a recovery point and benefits have to be provided while the worker regresses.
without knowing the details I'm just guessing.

[jtr_30]

Im more interested in learning more about settlements with continuing medical. I wasnt sure if it was possible. Our injurys are similar, and Im not sure why my lawyer didn't tell me this was an option. Thank you for feedback.

[chrischris]

You can't rely on your lawyer to educate you in W/C. Go to State Info found at the top of this page and pull down the menu to find your State. Learn all you can. Ask questions to your lawyer and others if you don't understand something.

[Bad Boy Bad Boy]

Sure open medical is possible. But you can not compare your injury to a friends injury when coming to settlement terms. The medical records will be way different from one another. Medical record for one may state one needs future medical, and the other state it's not needed. Even the dollar amounts will be different. There will be different attorney's on the cases, hearing officers, adjusters, nurse case managers, and maybe even different Insurance Companies. There will never be 2 alike anywhere.

Do you need future medical? Is it written that way by the treating Doctor, and the Insurance Carriers Doctor? Had you been placed at MMI?
Have you been given a Rating?
The diffence in lenght of time between you and friend will also matter....
Did each have surgery or not? No surgery will be the same. No treatment will be the same.