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Senior Member
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Join Date: Jan 2010
Location: Illinois
Posts: 1,785
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Senior Member
Join Date: Jan 2010
Location: Illinois
Posts: 1,785
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I've had to deal with work comp on a work accident that cause my RSD. Work comp is different in every state...so that could have a big impact on what you could possibly get from them.
First...I just want to say that you shouldn't even think about settling until treatment is stabilized...which is tricky with RSD as that can change on a die at any time. One possibility to address this is a medical set aside...but that has downsides too...but even then not something to even talk about until your condition is pretty well controlled.
The compensation regarding not being able to return to the same or similar field of work...that I don't have experience with as I was able to eventually return to work in full duty capacity. However...at least where I am from...they should still pay you the difference between any salary you do make once you get a job (that they should pay for training for). If you settle...take this into account because where I am from once you settle you are giving up this benefit unless it is specifically stated as part of the settlement.
Definitely go over all of this and all of your what ifs with your lawyer. They will be familiar with the laws in your state and what realistic expectations are in terms of settlement or if it would be worthwhile to take the case to the work comp commission where you will maintain certain benefits through work comp that you would give up with a settlement (such as continued medical coverage for the condition, ttd pay, etc). You need to be prepared to hear stuff you don't want to hear...FAIR is not something that comes into play with these cases usually.
Best of luck to you.
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