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  • #16
    I dont know much about lawyers but this thread is interesting .
    Basically I am just looking at all of the responses and stuff
    Sincerely;
    Gypsylady

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    • #17
      Great thread! I'm also dealing with all the workers comp issues in PA. Every state is different though.

      Wages and medical are two SEPERATE settlements. Dont get pushed into giving up medical, even if you are eligible for Medicare. If a Dr says you need something and will write a script they must cover it! 100% no questions asked.

      Housing modifications ARE covered by workers comp. They are considered 'medically necessary'! Be ready for a battle though. They try to get away with unrealistic low ball offers. I've been fighting them for 1.5 yrs to get a new house. The end is near though!! This is where an experienced comp lawyer is worth the fee!! Make sure the lawyer has WON big settlements for clients with similar injury levels. Unfortunately less movement = more $$

      Clipper is right - because you get comp $$ you cant sue the employer directly.

      Now if a sub contractor is responsible for your injury (mine was) you CAN sue them and still collect workers comp. But you will have to repay the lien to the workers comp carrier on any 3rd party recovery. A good comp lawyer can negotiate the total lien $$ down as a "wage settlement package" to help entice a good offer.

      It gets confusing all this legal BS but it pays to be informed!! Good luck with your case! My Workers Comp case should be done by early spring........Fingers crossed!
      Inc C4 since Oct 07

      "Fate rarely calls upon us at a moment of our choosing" - Optimus Prime

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      • #18
        Originally posted by metronycguy View Post
        ... collect indemnity , this is what most people do in nys that are severly injured.\the weekly mony is pisspoor, around 425 a week now max
        NY caps your weekly comp $$? That blows! What if you were on a rate job making more than that per week??

        In PA they have to match your weekly pay. Each states diff but that sucks for NY ....
        Inc C4 since Oct 07

        "Fate rarely calls upon us at a moment of our choosing" - Optimus Prime

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        • #19
          Originally posted by GoTWHeeLs View Post
          This might, probably will come off wrong but to have that "amount" left is better than nothing.

          Imagine, nothing...
          I got nothing in my malpractice lawsuit and I still sympathize with newbee wholeheartedly. $50,000 is nothing! Even if I didn't get one penny, I still acknowledge what a shitty compensation 50K is.

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          • #20
            Originally posted by newbee View Post
            So my husband was injured at work. We have a law suite pending. Just finding out that workmans comp set aside an amount of money, lets say $500,000 for my husbands injury.
            We are in court and our lawyer tells us we have to pay him and then workmans comp gets their money back they have put into him so far, then we loose all the workmans comp benifits (wages and medical insurance).
            With the law suite we may come out with (pretend # but correct ratio) $550,000 after the lawyer is paid. Then we pay workmans comp back for what we they have paid out for him already.
            If workmans comp had set aside $500,000 for him to cover his expensis then that leaves our family with 50,000 for pain and suffering,etc, and all the extras that come along with sci. Also he will not be eligbile for medicare or our own health insurance because his injury will be pre exsisting.
            How the hell does any of this seem right. All the money we may recover will maybe cover what workmans comp anticipated his needs being.
            Dont people buy workmans comp insurance to cover these things. Idont understand why we are paying for the lawyer to get workmans comp off the hook of taking care of my husband.
            Seems so unfare!!! I just dont get it!
            Has anyone else noticed that in this time of recession insurance companies are doing well?
            Has anyone else had this experience?
            Sucks!!!
            sorry to hear the news and pain you're going thru, i was injured in 1978 in a car wreck (c8/T1), insurance gave me 50k, well 15k for van and 15k to bail parents outta debt, didn't leave much. so off to work I went
            We must reject the idea that every time a law's broken, society is guilty rather than the lawbreaker. It is time to restore the American precept that each individual is accountable for his actions.
            Ronald Reagan

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            • #21
              Sounds about right, I would have got $500,000 but after everything was said and done, I was left with very little and I only got that very little through some questionable routes (as in the money was never in my name) if it was in my name I would have got $0.

              I never did a personal sue though, the laywer said we could sue the company who made my car I guess because the car was a pos. I got enough money to buy an old subaru outback and pay for 3 months at project walk, and that was that. Its better than nothing.

              Frankly you probably would have been better off accepting the workman's comp because at least they help you make sure you get everything you need like a nice wheelchair, modifications to your house, etc.

              It really is a shock, I remember my mom like WHAT THE FUCK! really? I push those memories of the first few months after getting hurt down deep. You realize how hard of a road you have ahead of you. But we all did it, so stay strong.
              Last edited by mr_coffee; 02-12-2010, 11:04 PM.
              Injured:10-16-04
              C7/C8, T1 incomplete;


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