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Old 07-21-2012, 12:38 PM
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catra121 catra121 is offline
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Join Date: Jan 2010
Location: Illinois
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catra121 catra121 is offline
Senior Member
catra121's Avatar
 
Join Date: Jan 2010
Location: Illinois
Posts: 1,785
10 yr Member
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Just to add my 2 cents...when it comes to settlements it really is different in every single case. I did not want to settle and initially did not. We went to trial, won, and I had open medical. Then things got worse and I couldn't reopen the case and take advantage of open medical because work comp was appealing. So there I was, in limbo, getting worse daily, and forced to use my regular insurance because work comp would not approve anything. Bad situation made worse (in my opinion) by an awful lawyer who was in way over his head and then turned nasty on me (and yes...this is MY lawyer I am talking about). No other lawyer would touch it because we had already gone to trial.

So after a year...I finally took a settlement. Work comp was against me, MY lawyer was bullying me and being mean trying to FORCE me to take a settlement, no one else would touch the case, I was getting no income, and had to pay for all my own medical. So once I was released back to work I made the decision to settle because I needed to get out from under all this stress which was only making me worse. I feel like work comp won on this one because they were able to force a situation where I felt like I had no choice but to either settle or go bankrupt, lose my job, and have to wait another 5 years before the appeals and all that were done (all while being harassed and bullied by work comp, my lawyer, and dealing with the stresses of having no money and no way to keep paying for insurance).

Did my settlement even cover a fraction of the medical I will continue to need in the future? Heck no...it didn't even cover the medical paid out of pocket last year while they were messing around. But it's OVER. I struggled with the decision for a long time...but I honestly feel like the decision I made was in my best interest long term for my physical and mental health.

If the situation had been different (different lawyer mostly) then I never would have settled. I don't regret my decision because it was the best I could make of a bad situation...but I do wish things had been different. Unfortunately the system is just so corrupt and sometimes you just have to make the best of it. But I am very proud of my decision to refuse their offer to resign my job for more money. That just plain insulted me and it is terrible that in MOST cases they get people to agree to this. They pushed that hard on me but I absolutely refused.

I agree with you LitLove that the fact that insurance companies can offer lump sum settlements does encourage fraud. It sucks too because the only ones who really benefit from the current system the way it's set up are the ones who are exaggerating or faking injuries because the settlements are not nearly enough to take care of those who legitimately need the money for medical costs and are too much for those who won't really have any future medical costs. So frustrating.

But I do realize that my situation is also unique because I have been able to return to work and therefore have insurance and income to help me pay my future medical bills. This is not the case for many with RSD who end up losing their jobs, friends, family, etc because of the condition.

There are situations where settling may be the best situation for someone, though, since this is not a perfect world and we are surrounded by corruption and those who are willing to hurt us for the bottom line. Sad...but true. The work comp system needs to be majorly overhauled...but I just don't know how you make it better and free from the corruption that currently causes it to be so bad. And the corruption is on both sides because I realize that as much as work comp sucks and take advantage...there are just as many employees who work the system too.
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