The man's side of it!

Today was my hearing for settlement of my Workman's Comp case. I heard Friday evening from my lawyer and he told me that he and the insurance company negotiated a settlement amount of 30% permanent partial disability.

The insurance company's doctor (Dr Peacock) insists that I am only 15% disabled while the doctor my lawyer sent me to (Dr. David) claims I am 70% disabled. I agreed to settle at the 30% because I am just sick of the whole mess and I want to be finished with it. Yes, I probably could get more if I went to court, because I certainly can't do the shop work or field installations of my trade any longer.

I'm working as a CAD Draftsman with a good sheet metal company and a great bunch of guys and hopefully this will enable me to stay away from having to work with the tools again, or finding a new career.

I must admit that even though it took all morning it was a new and interesting experience. I had to wait for a couple of other cases to be heard and got the chance to listen in.

The judge hearing the settlements was a decent guy who took the time to have everything explained to me. Although I was tired of the whole thing and wanted to just, "Be done with it!" I still have doubts that I did the right thing.

Oh well, What's done is done.

[Currently listening to: Carly Simon:Legend in Your Own Time:Anthology Disc 1[03:45]

[composed and posted with ecto]

Check out this Workman's Compensation Protest that is currently in progress:

http://www.wcbprotest.com

I was hurt at work after reporting the unsafe cracks in our work area for over 9 months and even joined the safety team and reported it then, Now I got hurt in 3 2004 because of the cracks and they fixed them 2 days later. Can I sue them for negligence or something, even though I am getting w/c

Hi Jenifer,
Thanks for visiting my blog. I'm sorry to hear about your accident, I hope you recover soon and completely. Your question about whether or not you can sue your employer is something you should ask an attorney. I can't stress how important it is to get an attorney too. If I hadn't, I'd still be out of work and bankrupt.
I don't think you can sue, because that's what the WC insurance is for. If you read some of my blog entries relating to my accident you'll see that the insurance company just doesn't care about you or me. After I got hurt I searched the web for other people in the same situation and I was appalled. I imediately went out and hired an atorney. It didn't cost me anything out of pocket and my lawyer certainly earned his fee.

Good luck,

i am 7% disabled from knee injury at hospital and will need a total knee in the future. they want to have a lump sum settlement. How much does this usually total?

Hi Nancy,
Thanks for leaving a comment on my blog.

As far as I know there is no lump sum settlement in workman's comp cases. I receive a monthly check based upon the percentage of my disability. Each case is different. There is a chart the lawyers use which details how much a person receives. the percentage of disability is based on the testimony of the doctors, yours and theirs (third party insurance carrier).
My advice to you is get a good Workman's comp lawyer to protect your rights and advise you. If you are going to need a total knee replacement in the near future because of your workplace injury I wouldn't settle until it is all over. Your lawyer can sue the T.PC. (third party insurance carrier) to get you a temporary disability payment, and when you have healed then you can sue for permanent disability.

The most important step you can take is GET A LAWYER! I can't stress that enough. The insurance company does not care about you no matter what you say. They are in the buisness of making money not paying out claims and will do whatever it takes to not have to pay you or not pay you what you deserve.

Hi, my husband was injured at work when 2 pallets of soda product fell on the back of his neck/head. This happened in April and the wc insurance only paid til May 2. We hired an attorney. Anyway, he now suffers from seizures and still has post concussion syndrome. The wc Dr. says he will have these seizures the rest of his life. Does anyone know how a permanent form of disability case works? He can contain his seizures with medicine though.
Thank you.

Hi Amy,
I'm very sorry to hear about your husband's accident.

The way the WC works is: If you have a 100% disability and can no longer work you get 100% benefits. For as long as the law allows. (not necessarily the rest of your life) A permanent partial disability, 15, 20, 50 or what ever percentage the disability is, is what the third party insurance company will pay, based on a chart determined by the law.

Your lawyer should have your husband examined by the lawyer's doctor so he can negotiate with the WC insurance the percentage of disability.

If your husband is permanently disabled and can no longer work he should also apply for Social Security Disability (this takes a long time so apply soon) Workman's compensation is a long complicated frustrating process where the injured party isn't always treated with dignity or taken care of properly, by either side. Be on your guard, read everything given to you very carefully before you sign anything.
Good luck to you and your husband

I hurt my back working in a gift store. I liked what I was doing, so I continued to work. About 2 weeks went by and my back went out at work, and the owner walked in later that day and noticed I couldn't walk, and asked if I was OK. Anyway, it has been over a year and 4 or 5 court cases. 2 of the 5 owners and 1 other worker testified and my lawyer had them admit that I was hurt at work. Now, today was the day the judge was going to make her decision, and she said she still needs three weeks to decide.

I'm sorry to hear about your accident. It is unfortunate that the judge is taking so much more time to make her decision. They so often fail to realize or don't care about the hardship we are caused by their delays. I'm still waiting for a hearing on my temporary S/S disability for the two years I was unable to work.