Hi Daggi122,

I was also surprised and outraged when I heard that you have to pay back all expenses to WC if you get a settlement.  It seems that you must make sure that any settlement you accept is for the amount you want/need for the rest of your life plus the amount you will have to give to WC.  I think it is very unfair (having to reimburse WC) because, if WC had not paid the bills your regular health insurance would have paid.  So, if the reimbursement of WC is not added to the settlement amount, you are paying far more for your health care than you would have if you had not been covered by WC bc then you would have only had to pay a deductible and co-pay not the full amount.  Actually, I think that if one reimburses WC then you should be able to claim all those medical bills off your regular health insurance whose premiums you were paying thoughout the time you were incurring those bills.  The system is definitely stacked agianst the little person.  Have you any idea how much money you will need to give WC?  Either way, tell the lawyer that you need to have enough money to live on on top of the WC reimbursement and use it as a tool to get more money out of them.  I am not sure how one knows how much money one needs for the rest of one's life for health care or any other expenses so how does one know what a reasonable settlement is?

In my son's case, no one has suggested a settlement.  WC has not only paid for his health care, but also for a stair lift, to remodel our bathroom and is paying me to be his home health aide for 4 hours a day, 5 days a week.  WC sent someone round to evaluate the necessity of remodelling the bathroom and of my being a home health aide and she said my son needed an aide 7 days a week but unfortunately the doctor's prescription only says 5!

I think it is very unfair that you cannot sue your employer even if there is gross negligence.  We are now trying to find out whether there is a third party responsible for my son's injury and in order to do that, we have had to start a case against his emplyer just for discovery.  The court has approved the discovery but employer has asked for extensions on producing documents.  Hopefully, we will get the information at some point.  I now realize that the more activities done by one company, the less likely it is that they can be sued for damages in an accident like this.  If my son;s employer contracted with another company to pack and ship the goods that fell on him because they were incorrectly packed, then we would have a case.  If the store does the shipping and packing then they cannot be sued.  Seems very unfair and extremely arbitrary whether you will be able to sue and get a decent amount of compensation for the pain and suffering and the loss of a normal life as well as for healthcare costs and 66.6% of your average weekly income.

lgs131

Hi lgs 131

Iam sorry that your son has so much problems, I hope that you have a case against a third party. I have no clue how much I own WC, I need to find before I am meeting the Army Lawyer, my old co workers telling me to not settle for such and such an amount, I can live another 30 years(in pain) medical costs are rising and also cost of living, plus the terrible pain and I need to think about it that is can/will get worse. I don't want to look greedy but I have to make sure that I have money for everything for the rest of my life. I know I will never have a normal life again.

Wishing you and your son the best

 

Daggi122

Hello Daggi,  I was just cruising through the messege board and thought I'd give you a holler.....I don't know about your second question about paying back workman's comp.....I'm in a workman's comp crisis myself.....I resent anyone that even seem's to be connected with workman's comp.....I was thinking about what you were saying "have to deal with RSD the rest of my life"..."all the money in the world won't take it away"....no....you're right....all the money in the world won't take it away....but money can help you to afford some treatment in Mexico or Germany....It's called a medically induced coma.....and yes...from what I can learn about it....it's kinda risky....But guess what I'm gonna do if I get any money for my work related injury.....Just wanted you to know....all is not lost....I've been suffering with RSD ohhhh....I guess I'm in my 8th month now....And one thing I can tell you is to learn learn learn....There's gobs and gobs...oodles even....of information that can be learned about RSD on the net....Guess some call it CRPS....Depending on the symptom's your having at the moment...I'm stuck in type 2, if that's the case....Least I think I am....hehehehhehehehee...That's what learning got me....Knowledge.....about what I suffer from....Cause you'll see that most physicians won't even admit that they know anything about RSD...if they even choose to admit they can say those letters....My current Dr. is learning by way of me...kinda silly but at least I get the meds I believe I need...I'm sure someone will come along and answer your other question Daggie.....Just please hang in there....and one thing I'm not gonna forget....is how much I was making when I got injured....times how many years I could have legally worked until collecting full time social security....do the math Daggie and don't settle for a penny less.....Your friend Fire.....aka....Diana

Hi Diana

 

 I have RSD since my accident at work March 2005, after the Doctor took off  my cast I could not move my fingers and I had so much pain nothing help, so my thrid doctor told me that I had RSD, my life was never the same after my accident. I never heard bout the treatments in Mexico or Germany, I would go to Germany I was born and raised in Germany, all my family still lives there. See what will happens tomorrow I know I have to make surethat the Army lawyers understand what RSD is and how is had affected my life, I am not the same person anymore I used to be, honestly I don't like the person I have become.

Daggi 122