Should I settle my worker's comp claim for a back injury?

Question

I herniated two discs in my lower back and have experienced tremendous back & leg pain. I can no longer enjoy many activities I used to - and I am only 25. Should I settle my worker's comp claim? I've heard that receiving treatment through the worker's comp "system" is horrible. How much money should I expect in this settlement?

Answer 1

Your life as you knew it before is over. But remember, it would have changed eventually as you aged so you will just have to adapt sooner rather than later.

First, be sure you have a good attorney. You will definitely NOT get much and will have a miserable time without one. Do NOT accept any of the insurance company's offers on your own. When my fiancee was in the hospital, the young man in the other bed was offered a pitiful $1,800 for his injury and lifelong back problems. It was insulting. And do NOT believe them when they say, "oh you can get SSI or Medi-Cal after you settle." Should you decide to settle, be sure to include medical coverage for FUTURE problems in writing in the settlement. You will NOT automatically get SSI or Medi-Cal coverage from the state; you will have to fight for that too, maybe for years.

My fiancee spent years on Workmen's Comp and they would "forget" to send his check, which he depended upon to pay rent, and do so right before Christmas. They're very nasty. I got so mad I took time off from work, drove down to the office, and had to sit right by his caseworker's desk to force them to cut the check, so I could hand-deliver it to him. That ensured it didn't get 'lost' in the mail! So be sure you have protection from an attorney. And don't accept anything less than something like $160,000 - remember you will have this problem probably for the rest of your life (sorry, but you have to be realistic) - and you will have medical concerns to deal with. You may be 25 now, but you will be getting older and your body will not deal with it as well as it does now.

Get someone else to go with you to as many of your appointments as you can and have them take notes. You'd be surprised how differently two people can hear things. What you miss, the other person will hear and vice-versa. It also helps to take someone else as a 'witness.' Sometimes it makes a big difference in how you are treated. Sadly, it's the same thing for hospital stays - if the doctors and nurses see someone visiting you regularly and checking up on your meds and treatment, you will have less chance of getting screwed around. I had to raise hell one time when my fiancee was in agonizing pain and the doctor not only didn't alleviate his pain, he took his meds away! I had the advantage of being computer-literate and sent a note to the hospital overseer via their own website complaining of the lack of pain management. And that's another thing: you will find that many doctors are not educated about chronic pain and long-term pain management. Be sure and get THAT written into any settlement as well. You should have the right to long-term pain management because you'll need it!

My fiancee also ruptured two discs (you could see the exploded pieces in the x-ray) and has had five back surgeries including a fusion. Postpone having surgery for as long as you can for with each successive surgery, your chances for success diminish and you can end up still in pain. Yes, receiving treatment through the worker's comp system can be tough. You have to be equally tough and, more importantly, persistent. BE the squeaky wheel that gets the grease! Keep pounding on them. And do keep a written record of ALL phone calls (include date, day, time, who you talked to, and write down what was discussed). Also, keep ALL records of ALL doctor's visits. Yes, this is like a job. Start now!! You will need all that information when, and if, you and your attorney reach a settlement. You will also need copies of all your medical records and x-rays and CAT scans and MRIs if you try for SSI afterwards. Educate yourself! Did you know you can receive SSI and Medi-Cal both at the same time in some cases?

Can you imagine what it would be like if you went through this for a decade, then settled, and THEN had to try and re-create and get copies of all the doctor visits and x-rays, etc. over that whole timespan? That's why I am telling you to be sure and keep copies of everything. Get a file cabinet and devote it solely to that. (Believe me, when you get through it will fill an entire file cabinet.)

And while you are on Worker's Comp, be aware that you will be watched. They will sit quietly in cars in the parking lots of apartment complexes, or on streets outside of homes, with cameras and try to take your picture if you are doing anything remotely energetic such as: gently tossing a foam ball to a 3-year old, pouring oil in your car so you can get to your doctor's appointment, carrying any kind of grocery load, etc. You WILL be watched, sooner or later, and they will try to get photographic evidence that you really don't have a problem and are trying to scam them. They will do anything to avoid having to pay what you are entitled to by law.

I can't tell you what 20 years of sitting in ERs to get pain control has been like. (Without SSI, without insurance, without Medi-Cal - oh but the illegals get it for free! - we have to do this). The doctors won't give serious pain control meds to my fiancee unless there is another person along to drive him home, of course. So since I work during the day, this means we make night and weekend visits and sit there. There have been times when I've put in 10 hours at work, then sat all night in the ER waiting on a hard plastic chair for 8-1/2 hours just for him to be seen, then he gets treatment and we get to leave. (And if it's tiresome and painful for me, imagine what HE is going through sitting on his spine in agony for all that time.) Upon my arriving home and sitting on the edge of the bed, I hear the morning alarm go off and know I have to get ready and put in another 10-hour workday without any sleep. Since he is permanently disabled and doesn't work (we've been trying to get SSI for him, they keep 'losing' his paperwork), we're doing all this on a single income. Fun, huh?

I wish this country would get universal healthcare. Working people aren't the only ones who need it - babies, seniors and the disabled do too!

Answer 2

Your main concern should be getting your back taken care of properly and then worry about a settlement. You need to see a qualified ortho or neuro surgeon first and get a couple of opinions on the course of treatment. You have not mentioned how long the back has been herniated or what course of care that you have received thus far. There is NO prescribed amount of money for this, since each state is different and their laws are different. Get your back fixed first and then worry about the compensation.

Answer 3

well, if you have an attorney, don't expect much. My friend finally settled on an injury after several years of treatment in the system, they offered him 75,000 dollars, after the attorneys were done, he saw all of 12,000 dollars. Frankly, I would stay in the system as long as you can, it's a lot less expensive that getting your own treatment, that can last years, and taking a settlement that you will only see a small fraction of.

Answer 4

Your statute of limitiation is probably expired. Most states have a 2-5 year statute. I don't know any state that has one longer than 7. This basically means that after so many years, your "cause of action" has expired. But I would check with the attorney that got the settlement. If no attorney, talk to the w/c carrier.

Answer 5

No, no no no no no do not settle the claim. Continue to seek treatment. You don't necessarily have to use WC docs. You can get treatment by your own docs. If you wind up disabled you will need to have an open WC claim. If you need surgery...you will have no recourse for them to pay.

Answer 6

Don't settle yet. Back pain is forever.In 30 years, you will kick yourself in the butt for settling this too soon. You have to figure on the attorney's share also.

Answer 7

u need a lawyer,so u can get a settlement,u get more a lawyer

Answer 8

NO