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another settlement offer

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timm90

Member
What is the name of your state?ny
hi ,i have been out on workers comp since 2003,had shoulder injury, at work, had surgery in 04 on the shoulder, still problems with the neck
insurance sent me a settlement offer ,but i have neck injury waiting for approval for e.m.g test to be done ,the insurance company know all this i,m still getting medical treatments i.m still getting my comp checks every 2 weeks my lawyer sent the first settlement offer back, telling them i cannot settle yet because i need to find out whats going on with the neck and the shoulder ,to make sure i have no nerve damage,so again i recieved another settlement request from them, same amount of settlement they first offered, .i dont get it?
question is why are they being so pushy to get me to take this settlement i have not reached m.m..i yet and i told my lawyer i will not sign anything till this neck and shoulder is checked out, am i doing the right thing,or will i
end up not getting any type of settlement in the end if i keep refusing them,
i know its there way of trying to get rid of me , and close the case , but i,m still in pain, i,m still under doctors care, whats with the comp insurance .
i guess i could ask my lawyer ,but they look to get paid fast and get rid of cases quick too, the lawyer already told me the settlement offer was good,
and to think about it, future medical was offered too for 7,000,my job has no light duty and they said i can come back to work when i,m 100 percent which tells me and it spells out we dont need you here any more ,
because i will never be 100 percent again,especially what i do which is factory work ,with constant keeping up with the material,i have been there many years, and i have lost out on a lot of overtime, and lost wages
i have lost my medical from the job, i have filed bancruptcy,
i have tried for medicaid,but i make over the amount, and i tried for a family health plus programme, that the state gives for low income people i make 40.00 over the limit allowed ,from my comp checks, so was refuse there
i tell you , its hard being on comp its no joke, i think thats why they offer early settlements so you can take it quick, because they know your life at the time is falling apart, or already fell apart like mine, but i have to refuse and eat crow, i think my neck and shoulder is also calling for help, and without the neck and shoulder i could not get a job ,any resposes would be great .should i stand tall and wait ,or should i take the money ,which i desprately need right now and run, thank you for listening to my ill fated life , timm90
 


tjr5150

Member
wait and see what happens if you can.. reason being you have not reached mmi and they should not offer till you atleast mmi.. i understand it's hard to get by on work comp, am there now..but say in a week you feel great and 5-10yrs down the road your hurt, well you settled so your on your own dollar now.. i know not the best way to look at it but only you can decide what you need to do as far as settleing or sticking it out.. good luck
 

Bingismyboa

Junior Member
I too have a shoulder injury that required surgery back in Nov. 04. My situation is a little different as I have had all my medical paid for since the date of the injury in 8/03, however I have received no wage compensation since the date of my injury. I've seen the IME who concurs with the wc dr. that it is indeed a work injury. I've been to court 3 times in the last 9 months and should be having my final hearing before mid september. To date I have had 2 settlement offers, both of which I have turned down. Following my surgery I developed adhesive capsulitis so I will find out in a week if another surgery is necessary to repair. I'm keeping my fingers and toes crossed that I don't need this since I'm sure you are aware of how painful this surgery is. I just keep hanging in there, waiting for the right dollar amount to be presented. My lawyer tells me they know they are beat and the last thing they want to do is take it in front of the judge for the final hearing. That's why the offers are flying in on a biweekly basis. The only reason I'm considering letting it go in front of the judge that one last time is the company will have to pick up the legal fees if the judge finds they have not paid me in a reasonable and timely fashion. Gee, you think?? No pay in almost a year? Just hang in there, I think there is a light at the end of the tunnel, it's just been a really long and hard tunnel to navigate!
 

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