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-   -   WC question? (https://www.neurotalk.org/reflex-sympathetic-dystrophy-rsd-and-crps-/120006-wc-question.html)

Lisa in Ohio 04-21-2010 03:35 PM

WC question?
 
Hi Peops! I wanted to know if anyone who is entangled in the WC system has been offered a "settlement" and what this is and what to expect or ask for? Just received word that they want to meet and do not want to go into this blind. Hope everyone is having a low pain day and doing well. Thank so much to all, lisa:confused:

loretta 04-21-2010 06:31 PM

Quote:

Originally Posted by Lisa in Ohio (Post 646788)
Hi Peops! I wanted to know if anyone who is entangled in the WC system has been offered a "settlement" and what this is and what to expect or ask for? Just received word that they want to meet and do not want to go into this blind. Hope everyone is having a low pain day and doing well. Thank so much to all, lisa:confused:

Lisa, I'm not a lawyer, but you definetly don't want to sign off on WC without full knowledge of what they are liable for. How long have you had RSD and sounds like you got it at work. I've had it 15 years-the meds add up. What started as a shoulder issue is now full body and internal. I've been hospitalized -semi icu with $35,000 plus bills. I can't work. I'm on meds that affect my mind, memory. I have crippled hand-50% useage I'm uninsurable because of RSD.Have internal organ involvement. What I'm saying you won't -don't know what the future will bring. Disaster financially for many of us. Some have gotten life long medical care!!!! I wasn't hurt at work, my RSD came following surgery, but wasn't diagnosed for 4 years.
If you go with an attorney, get a good one, familiar with RSDi-medical malpractice-one that represent insurance companies. It's rough in the legal system, but a very good attorney can earn their money.
Have you consulted with anyone? My daughter is a court reporter and I've been in court a few times-there isn't always justice.
Hope the best for you. One of yoour new friends,Joyce.

Lisa in Ohio 04-21-2010 08:09 PM

I do have an attorney, and oddly enough my son is waiting to pass the bar but did not specialize in injury case work ( kind of ironic). I fell at work and shattered my left arm. I am on SSID already and do have Medicare but it does not seem to cover much. I have officially been diagnosed for over 3 years after 8 surgeries and finally a total fusion. I hear you about the mind numbing meds, and these really affect my school work. Thanks for the great response, F4ever Lisa

Jomar 04-21-2010 08:34 PM

I had a small wc settlement but only for chronic RSI/soft tissue.

Basically you need to add up all you can think of and then add on more cause it only gets more costly.
like add up all medical bills for the last year or 2 and avg them out by month & then yr, is one way.

I've read some mention open medical with a settlement, but not really sure how it would work or if they would still approve meds & treatment or if it would be a big fight every time.

But a straight out wc settlement means you agree to take xxxx amount of money and sign away all rights to make anymore claims on this injury/claim.

done and over, you're on your own then.

Dubious 04-21-2010 10:33 PM

Quote:

Originally Posted by Jo*mar (Post 646885)
I had a small wc settlement but only for chronic RSI/soft tissue.

Basically you need to add up all you can think of and then add on more cause it only gets more costly.
like add up all medical bills for the last year or 2 and avg them out by month & then yr, is one way.

I've read some mention open medical with a settlement, but not really sure how it would work or if they would still approve meds & treatment or if it would be a big fight every time.

But a straight out wc settlement means you agree to take xxxx amount of money and sign away all rights to make anymore claims on this injury/claim.

done and over, you're on your own then.


In my state the laws change like the wind. Currently, you are rated on impairment based off of the AMA Guidelines (recently, very antagonistic to RSD-ers) and then there associated medlegal issues such as future medical. So in other words, when you finally check out of work comp, there is usually some kind of financial "compensation" (this is not a get-rich system) if you have significant impairment and if it is felt you need ongoing care for such, you may be awarded "future medical care" which will be spelled out in no uncertain terms. It usually addreses the kind of care you will be afforded, the frequency, medications, etc.

Hope this helps!

Dubious 04-21-2010 10:37 PM

Quote:

Originally Posted by Dubious (Post 646904)
In my state the laws change like the wind. Currently, you are rated on impairment based off of the AMA Guidelines (recently, very antagonistic to RSD-ers) and then there associated medlegal issues such as future medical. So in other words, when you finally check out of work comp, there is usually some kind of financial "compensation" (this is not a get-rich system) if you have significant impairment and if it is felt you need ongoing care for such, you may be awarded "future medical care" which will be spelled out in no uncertain terms. It usually addreses the kind of care you will be afforded, the frequency, medications, etc.

Hope this helps!

I should also add that the medical care will not be what could or should work, but rather what they tell you is covered. It is their choice, not yours (much like *****-care).

tiffanyc 04-22-2010 03:19 PM

from what our lawyer has told us (geoff also has WC)
his settlement would be a lump sum of money calculated for the rest of his life expectancy and there would be a separate account where all his medical bills, prescriptions, dr visits etc would come out of but he would have to physically write everyone a check for these things but it an account that can't be touched unless for medical needs...
We have no idea of any numbers yet but we also think they will be wanting to settle sometime soon since they have just upped geoff's standing to "catastrophic"

Lisa in Ohio 05-06-2010 09:48 PM

Just an update. The lawyer recommended against settlement at this time. She does not believe that the insurance company would be willing to settle for the amount that I would need and that they are just trying to clear their books. Go fig. If they would approve treatment wouldn't that be cheaper in the long run? Still can't get my Cymbalta, and they denied the SCS. PM doc is going to re-file. So begins the saga again. He also believes that the shoulder is beginning to be involved. I am really having muscle spasms in it and the Flexeril just does not seem to be helping. If anyone has any good ideas, please share!! I have a road trip coming up and will be among many people and really need to get this quieted down somewhat. Thanks to all for all their help. You are all a blessing to me. Guess what? I am not alone. Peace to all, Lisa

Jomar 05-06-2010 10:44 PM

[If they would approve treatment wouldn't that be cheaper in the long run?]

Don't take it personal with wc - it is a numbers thing- they want to keep as much money as they can for their company.

Logic and care about the claimant does not fit in with the plan....:(

Sounds like you have a good and caring doc. that's a good thing.


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