AboutMargot RN BScN GNC Expertise Please feel free to ask anything, but the more specific you are, the easier it is for me. Please share as many details as you are comfortable doing. I do check my Emails daily Monday through Friday so you should receive an answer within 24 hours on most business days. Thanks.
Experience I have 18 years experience as a Small Business Owner-Operator; I own a Nursing Agency so often deal with both employee and client injuries. I would be pleased to offer any assistance I can. If I can not answer your question I'll do my best to direct you to an appropriate resource. Thank you. Experience in the area 20 years of Long Term Care and Community Nursing, specialising in Geriatrics, Gerontology and PalliativeCare.
Education/Credentials Registered Nurse , Certified Gerontological Nurse, Bachelor of Science in Nursing >
Question I had surgery (spinal fusion) resulting from an injury on the job. I am receiving 300 a week in benefit checks, but I am still in lots of pain. My attorney wants the insurance folks to settle my case for 50,000 dollars, which I feel is very little considering he gets 1/4. I have been out of work over 3 years and very depressed. Should I settle or get a second surgical opinion first. I have no job prospects and can't do the type of jobs I did for most of my life. Please advise.
Answer Hi Greg and thanks for writing,
I'm glad you have a lawyer as I always recommend people at least consult with a lawyer experienced in WC cases, even if you don't want them involved in the negotiations just to protect yourself and make sure you're aware of all your rights.
When you look at settling, the things you'll want to consider are:
-lost wages during your time off,
-any expenses you incurred due to the injury (Physician visits, Chiropractors, Physio Therapists, Transportation to/from any of the above; Medical Supplies like bandages, braces, crutches, pain medication including pills and ointments; Fees for filling out forms for you or from the doctors); Postage and/or Fax expenses,
-any lost benefits (Vacation Days, Stat Holidays or Stat Pay, Medical-Dental coverage, etc),
-any costs you may incur upon return to work (time off or cost of making up any education or in-services you may have missed; any training you may need to do prior to returning to work),
-if you will be doing a Graduated Return to Work Program [most people do this if they've been off more than 30 days and/or need to have restricted duties (ie: lifting, hours of work, etc)] then Workers Comp [WC] should pay for the difference. A very common scenario is: if you normally work 8-hrs/day, 5-days/wk, you could return doing 4-hrs/day, 3-days/wk x 1 week; then 4-hrs/day, 5-days/wk x 2 weeks; then 6-hrs/day, 5 days/wk x 2 weeks; then 8-hrs/day, 5-days/wk IF TOLERATED and WC will pay the difference until you are working F/T hours again,
-Pain & Suffering (although this may be harder to prove and may be impossible to get without a lawyer – this is usually reserved for severe injuries where the employer can be proved to be liable).
Unfortunately Worker's Comp is like all other Insurance Companies - it is in THEIR best interest to drag things out as long as possible, and usually they hold most of the cards and have the laws on their side. Sadly, this can cost people their jobs, and sometimes their families due to the stress associated with lingering pain and other disabilities; the financial and/or emotional drain can be too much for some people.
It is important to be sure you do everything correctly during your claim period and you don't want to miss out on any payments you may be entitled to now or in the future, so I advise that you consult with a lawyer who does WCB cases and find out exactly what your options are, and what you need to do in your state to cover yourself (WCB regulations do vary state to state).
Dealing with WC is one of the most frustrating things we have to do, like most big insurance companies, their number one interest is guarding their own money. I always find it's best to do a little brown-nosing when talking to those people and ask "how can we make this a win-win for both of us and how would you like me to proceed" etc...
I hope this helps, it may feel like you're constantly hitting a brick wall, but perseverance is necessary whenever you deal with them.
As I am not familiar with your occupation, potential wage loss or degree of injury and ongoing disability so I cannot comment on whether $50,000 is a fair settlement or not, but I would recommend waiting at least 24 months after the initial injury so you will have a decent idea of the full extent of the injury and any possible ongoing affects.
