Hi, I'm now p&s, and my employers atty want me to settle for 20k, closing medical and resigning from them. I do have an atty, and wc will pay back std for the past year, but I've also gotten about 17K in ltd benefits, do those have to come out of my settlement? My atty thinks it doesn't but I thought I read somewhere it did. I'm pretty sure they'll want to be paid back from someone, but have no lien against the settlement.

I don't plan on resigning as I want to keep my ltd(have ms and lyme), and don't plan on giving up medical either as the work injury has resulted in chronic neck/head pain. Just wondering about the paying back ltd issue.

Thanks, Diana

If your attorney doesn't know and they should, call the state office where you live and ask them. Here's a list of state workers comp offices:

http://www.ic.nc.gov/ncic/pages/all50.htm


Paul
www.oregonworkerscompensation.net/owc

thank you

diana

Of course your employer's atty wants you to settle and close out your medical. I want a pony! We all have DREAMS...

You've reached the holding pattern stage, so you should make an appointment to see your attorney right away. Also, if you settle the way they want, your attorney also gets a percentage of the med payout, so it's in his/her benefit, not yours.

My advice is not to give up the medical if you have ongoing issues. Most insurance companies will not treat a pre-existing condition, which will leave you high and dry. Like the previous post stated your attorney will get a portion of the settlement, therefore, it will be advantageous to them to have you settle. Take your time and read the fine print, put yourself and your health first.

I live in California and I did not have to pay back the LTD. As far as I understand it, that is an insurance policy WE pay for out of our salary, therefore it is already taken care of because it is OUR insurance - not your employer's or state's. Ours.