No Settlement from Workers Comp Until I Get a Job?

by Anonymous

I was injured in 2008 with a damaged bicep tendon and herniated disc (5-6 cervical disc). I've had three surgeries to my right shoulder to move the bicep tendon, closed manipulation, and acdf. I was an LPN when injured and I have reached MMI (Maximum Medical Improvement). I took the FCE (Functional Capacity Exam) with findings of at most light duty.

I was given a vocational rehab person to help me find a job. I have searched since the end of July and I haven't found anything yet. I was told by vocational rehab not to tell potential employers I'm on light duty, but most applications I've filled out ask if you have any physical limitations.

I'm receiving $1,044 every 2 weeks which they will end on December 1st. I just want to settle and they want to wait until I get a job. What do I do? Do you really have to get a job in order for workers comp to settle with you?

Visitor Question:
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ANSWER for "No Settlement from Workers Comp Until I Get a Job?":

Anonymous (Louisiana):

You do not have to wait until you have a new job before settling your workers compensation case. If your rehabilitation has completed, and there aren’t any further medical, chiropractic, or other costs related to your treatment, you should be in a position to settle your case rather quickly.

If you are represented by an attorney ask her to finalize the case. If you aren’t, contact your Workmans Compensation Claims Adjuster and tell her you want to settle the case. It is your injury, your case, and your money. There isn’t any logical reason for you not to be able to settle your case when you are ready. There is no legal or practical reason you must wait any longer.

Be very careful though that you don’t settle your case until your injuries are fully treated and you are completely satisfied. If you settle too early you will probably not be able to go back and reopen your case.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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Personal Injury Attorney...
by: Anonymous

I hurt my back at work in 2004. After my condition got so bad I got an attorney in 2010. I'm still getting chiropractic treatments every two weeks and am in chronic pain. My attorney tells me I should get a job and I won't get any settlement.

I should not have said anything because I lost my job after 13 years due to the permanent restrictions the workers comp doctor put me on. My advise is to keep your mouth shut and do your job.

Case Update
by: Anonymous

I have tried to get her to finalize my case. I was told $15,000 is what I can get but not until after I go to work. I asked why. She said I need to bring down my expenditures. I really don't know what that means and when I ask her she is unclear. I have made an appointment with a lawyer. Thanks.

Don't need a job for worker's compensation...
by: Law Guy

There is no legitimate reason which requires you to get a job before settling your Workers Compensation case. Before settling you need to be sure your injuries are fully healed, or at least are under control. Settling prematurely would be the worst thing you could do. You should be well-aware of your treatment and what your future costs for additional treatment will be.

If you are satisfied with the status of your injuries and the required therapy you may still require, go to your Workers Compensation insurance representative and tell her you are ready to settle. If you are currently represented by an attorney do the same. Contact her. Review with her your entire case. Be sure she doesn?t settle your case until you are fully satisfied with the status of your case.

If the Workers Compensation insurance adjuster won?t help to bring your case to a final resolution then ask for a hearing. You have an absolute right to have one.

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