Visitor Question

Low settlement offer for permanent back injury on-the-job…

Submitted By: Harvey (Sarepta, LA)

I was unloading a load of 24 inch pipe. When I finished I was popping the straps to get the mud off and the ratchets that hold the straps broke. I fell onto the piece of pipe and then to the pavement. I immediately went to a clinic that was close by and they referred me directly to a Spinal Cord Specialist.

This happened on April 1, 2009. I have been receiving weekly worker’s comp benefits of $546, but when I was working I was making around $96,000.00 yearly. As of today, I have had 6 back surgeries and a Spinal Cord Stimulator Implant.

Recently, worker’s comp has said they want to settle with me. I have already been told that I will never drive a truck again and won’t be pain free either. The offer was really lousy, $90,000, but attorney’s fees would come out of that, leaving me $50,000.

I don’t think that is a good offer for all the wages I have lost and the physical and mental pain I have endured. So should I just remain on worker’s comp for the next 4 years? Will worker’s comp still want to offer me a lump sum at the end of 10 years? What should/can I do in this situation? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Harvey,

It is our policy here at Injury Claim Coach not to interfere with the attorney-client relationship. To do so would be entirely inappropriate. For questions about whether the settlement offer is fair, or whether you should continue to receive workers’ compensation benefits, seek the advice and counsel of your attorney.

Your attorney represents your best interests. Unfortunately, while there is no doubt you suffered a substantial amount of pain and suffering, workers’ compensation laws do not permit compensation for pain and suffering.

There’s a small chance you may have a third-party claim against the manufacturer of the ratchets that broke. You can ask your attorney about this possibility.

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

Best of luck,

Published: April 18, 2015

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