settlement question

[stiffnecked]

In the state where my injury took place medical can't be settled unless the insurer contested causation and controverted the claim. Thus the medical portion of my settled claim is open for life. Each state is different.

[blake]

and you recived a cash settlement too? how much? my plan is to go to school i know im never gonna get rich off comp i went from 334 a week to 250 after my last appelate hearing win. so its gonna keep going down i dont want to blow a good opertunity. does it soud like i can get more and what should i be asking for?

[Bad Boy Bad Boy]

Stiffnecked, you so very correct, as some States enforce the Open Medical Rule, Illinois has never been one of them. Till Medecare Set-Aside start getting enforced more, Illinois would settle and medical then be closed. Till a couple of years ago, and then the Insurer would just say they will leave the medical open, and take their chances, as in most cases it surely would cost less in the long run.

Fighting open medical when needed, is a whole story different, as then one needs to employ and pay for another attorney services then. Can be very costly again either way for the injured worker once again. if one, the hearing officer can try and have the attorney fees paid by the insurer. Hopefully no appeals take place though.

[Bad Boy Bad Boy]

Blake, you should be asking your attorney these questions.

As for is a $100K alot of money yes.

Is it enough to live your life out on, no.

So, you need to invest wisely for the future.

Is $100K a worthy offer to you? Yes it is.

Anything else, please ask your attorney....

[UndercovrAngel]

blake Wrote:the good thing is i have full health ins through my wife

Because this is a WC injury, unless denied by the IC, private insurance will not pay for any treatmemt for the injury now, or in the future.

Angel ^j^

[blake]

so im gonna call my lawyer today and and see what they are gonna offer for sure. im gonna tell him if i do this i want this injury coverd fro life and see if i can get that dollar amount up. i have this metal in my neck for life and the pain is always gonna be there. in nys they surgery i had has a permanant disability on it no matter good or bad outcome so i should get more money than that, from what i was told you never take their first offer if they want me done i want whats mine. also in ny whats the % the lawyer gets of a settlement?

[freebird]

UndercovrAngel Wrote:

blake Wrote:the good thing is i have full health ins through my wife

Because this is a WC injury, unless denied by the IC, private insurance will not pay for any treatmemt for the injury now, or in the future.

Angel ^j^

This is true. You must cover your booty or your Private Insurance nor Medicare will cover your accident. Also stiff fines can be made for not settling with Medicare or your private insurance needs taking care of.
Here is a answer I received from my Private Insurance carrier concerning this:



I understand. You should file all claims including prescriptions that are related to your injury should go through the MSA until the funds are exhausted. Once the funds are exhausted, claims go to Private Insurance Healthcare, then Medicare.

Yes you will have to exhaust the funds before filing with private Insurance, however the non-injury claims should go to private insurancethen Medicare. Subrogation does not apply in his case because he never used our plan for his injury.


You have a lot a stake here. I cannot emphazie the need you have to discuss your Private insurance, A Medicare setaside and Hartmanns language wrote up in your settlement to prevent a big offset from a lump sum.

If your Attorney does not discuss this with you you could be in big trouble down the line and the Attorney also. Do not let them waive money at you to settle and you are left hanging for life. Do not sign your life away!

[blake]

i have been think about this alot since yesterday and i dont know what i should do. will they give me a lump sum and how much and cover this injury for life? thats my concern although 100k sounds like alot i think i should be getting more and i wont take 100k for a first offer i want this injury covered. im callin my lawyer today to see what they will offer and to find out what % my lawyer will be getting. as for the msa i have no clue how that works and im very confused about it.

[Bad Boy Bad Boy]

Blake, once again I will say, your nervous way of thinking, can get you in trouble.

Here is the deal you have now;

#100K is on the table to settle. The I/C see's your fusion as fused. If for some reason a disc above or below bring on more medical, their going to say it was another injury that caused it. Now, you have to hire an Attorney to now pove this for you. Their willing to close out your medical, because this is how they look at the picture. Not how you look at.

Now, you don't take the offer;

Okay, insurance sits on it then, you aren't seeing a dime, they run your 250 weeks out, and their about done with you. But, you want Open medical, IC say's ok, $20,000.00 and open medical then, it's that simple, and the hearing officer might agree to this.

This IC doesn't care what Blake wants, they just want Blake off the books. You play anymore games with them, their going to make you wait years....

[blake]

im not taking this first offer sorry 100k isnt worth another problem down the road and im paying thousands for surgerys. i do have radiculopathy that has been proved to have come from this injury. my c6 c7 have problems now from this sugery and its well documented from my dr and the 3 imes, so thats why i think 100k is a slap in my face,i have been on comp from 2003 to 2004 and then again from 2008 to current date for this injury so what doe that tell you its never going away, my question is you say they will pay my 250 till it runs out? how many years do they have before they do that?