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settlement on WC case Missouri

On Lawyer & Legal » Employment & Labor Law

10,824 words with 11 Comments; publish: Wed, 11 Apr 2007 07:50:00 GMT; (800234.38, « »)

i was wondering if any injured worker or attorneys for the injured worker could give me some ballpark figure that i might be looking at as far as a settlement goes. been through this for three years now and have finally reached what i hope to be close to the end of this case. (bi-lateral cts and cUts...open-release on rh for cts, ulnar nerve transposition on both rh&lh elbows and endoscopic release on lh cts, nail gun injury to the rh wrist: 1 1/2 nail shot into wrist due to a misfiring nail-gun) i know all cases are diffrent but am looking for some kind of idea as to what i might expect or at least a general idea. no HR peeps or lawyers dealing with the IC peeps need even to respond. i don't trust any of them as far as i could kick them.

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  • 11 Comments
    • :eek: :eek: :eek: Someone said something to make the rabidcoyote happy!!!???
      #1; Thu, 12 Apr 2007 19:13:00 GMT
    • There are so many variables here. What state the injury happened in, how much you were making at the time of injury, what your states rules are concerning PPD or PPI. Have you had a permanent impairment rating done by a doctor not connected to the insurance company???
      #2; Wed, 11 Apr 2007 19:27:00 GMT
    • http://www.cms.hhs.gov/WorkersCompAgencyServices/Downloads/42506Memo.pdf
      #3; Fri, 13 Apr 2007 05:37:00 GMT
    • A "guideline" I was given years ago was 3X medical bills.

      The "HR peeps" that post on this site will quote you chapter and statute as a rule. I trust their "response" more than others as being accurate. They do not have any reason to lie to you!

      Why would others have a reason to lie, GotSmart?

      You've heard a formula for 3x medical bills in a workers' comp case? WC is based on income benefits, impairment from work and medical bills - not compensation for pain and suffering.

      #4; Thu, 12 Apr 2007 04:22:00 GMT
    • A "guideline" I was given years ago was 3X medical bills.

      I will be watching this thread to see what others say. Every case is different, and the lawyers seem to defy logic most of the time.

      I have not seen anything in writing to suggest that what I was told was really a guideline, or just some BS my lawyer told me to get me to settle.

      Best of luck

      The "HR peeps" that post on this site will quote you chapter and statute as a rule. I trust their "response" more than others as being accurate. They do not have any reason to lie to you!

      #5; Wed, 11 Apr 2007 09:59:00 GMT
    • Why would others have a reason to lie, GotSmart?

      You've heard a formula for 3x medical bills in a workers' comp case? WC is based on income benefits, impairment from work and medical bills - not compensation for pain and suffering.

      Perhaps I did not make myself clear. The HR PROFESSIONALS!;) on this site have no reason to lie to the OP. Since they are in the industry, and do not have a vested interest in the outcome of this particular case, I would trust their information.

      My Wc cases were many years ago, (1st was in 84) I ended up getting training, plus a token ammount for expenses. The amount I was quoted was for a cash out.

      I admitted that I do not know the answer, and was looking to see what would be posted.

      Injuredperson, My faith gives me peace and harmony. ;) I know that you might not agree with my faith, but this thread was on another subject. Do not slam what you do not (or refuse to) understand. Read your posts, and see if you can get some psychological help for your irrational anger. Not everyone is out to get you.

      I am done responding to you, as I enjoy my posting privelages.

      #6; Fri, 13 Apr 2007 07:39:00 GMT
    • I admitted that I do not know the answer, and was looking to see what would be posted. then don't answer. thank you.

      Injuredperson, My faith gives me peace and harmony. ;) I know that you might not agree with my faith, but this thread was on another subject. Do not slam what you do not (or refuse to) understand. Read your posts, and see if you can get some psychological help for your irrational anger. Not everyone is out to get you

      read them...can't find no "irrational" anger in them..never said everyone was out to get me, don't know how you read that into my posts but hey..its a free country......freedom of speech for some, like you, but none, like me.:eek:

      #7; Fri, 13 Apr 2007 07:55:00 GMT
    • finally....someone who has knowladge based on fact, not fiction! and Gotsmart...please, i need real info and facts as i'm at the close of my case (hopefully the end?.....LOL) and i think its imperitive that someone who is FOR the IW responds and not someone who thinks prayer is the ultimate answer for everything..(i've read a LOT of your post GS...whew!!! i'm not a bible thumper, i'm a realist!!) doesn't work that way bud. GaOvertimeLawyer, i wish you was here in the sad state of Missouri but the info you have and have been providing to many of us IW's is a real help. keep it up.i will talk with my lawyer abought the formulas and other pertinent info you have provided and see what he has to say. have been on his *** the last few weeks trying to get some answers and need all the ammo i can get to fight these HONEST,HARD WORKING, GIFTED.....AND DID I MENTION HONEST?????..H.R. AND I.C. PEOPLE(?) that are bound by some oath to make sure that the INJURED WORKER continues suffering for many more years to come:mad: :mad: and joeC...i'm with ya 1000% waiting for some peanuts!!!! LMAO thanx ya'll:D
      #8; Thu, 12 Apr 2007 10:57:00 GMT
    • "Do you also have a products case based on the faulty nail gun? A rule of thumb here in Georgia for personal injuries (and this varies by county and case facts) is 3x medical bills if soft tissue only - more if surgery is required or if broken bones are involved or there is some "heat" in the case (like a DUI defendant)." the only thing abought the nail gun would be that the company i worked for never did anything to fix anything broken, other than wire-tie, tape up, neeger-rig, or ignore the fact that something was dangerous (nail guns that would fire by themselves laying on the workbench..Bostich brand guns, good tools) they even took the safety bailes off of them to make it faster for us to get hurt...i mean get done with the cabinets.:eek: doen't matter now though as the company went under abought a year ago due to one of the owners taking around a half a million dollars from the place and leaving the vendors to eat the loses:mad: the machine i ran for the last 4 years was an inverted pin router that used vacuum jig platform to cut out the different cabinet pieces we used everyday to build speakers and rack units for the music industry. we had a Morbidelly CNC unit that would cut out all the pieces, but it broke so they spent $30000 on the router instead of the $70000+ that it was going to take to fix the CNC. so essencially i became the CNC:eek: anyone who has ever run one knows how violent and dangerous inverted router can be, especially when you're expected to produce 1000's of pieces every day 5-6 days a week. no product case applies i think. just good 'ol beat the crap out of a worker until they fall apart then hire a younger one case i believe.:mad: and yes..i filed with the Missouri Commision on Human Rights.....company wins, IW loses, not black or female or crippled enough they basicaly said according to the human rights officer in charge of my case. dissmissed. been a looooong three years now and have had enough. ready to throw in the towel and give in to the IC and WC people and just go away.
      #9; Fri, 13 Apr 2007 06:01:00 GMT
    • i was wondering if any injured worker or attorneys for the injured worker could give me some ballpark figure that i might be looking at as far as a settlement goes. been through this for three years now and have finally reached what i hope to be close to the end of this case. (bi-lateral cts and cUts...open-release on rh for cts, ulnar nerve transposition on both rh&lh elbows and endoscopic release on lh cts, nail gun injury to the rh wrist: 1 1/2 nail shot into wrist due to a misfiring nail-gun) i know all cases are diffrent but am looking for some kind of idea as to what i might expect or at least a general idea. no HR peeps or lawyers dealing with the IC peeps need even to respond. i don't trust any of them as far as i could kick them.

      WC case settlement: in a nutshell, take your future indemnity benefits and your future permanent partial disability benefits and reduce them to present value. That's the figure, just for indemnity benefits, that the IC will never go above. If you want to settle, you'll have to make it a bargain for them (otherwise, why should they settle - they can just pay you over time) - So, back off that figure some to make it worth settling now as opposed to later. As for medical benefits, you will need a medicare set aside if there is a potential that medicare would have to pay for future related medical bills but for the fact it was an on the job injury - they will need to determine that amount and fund it and get approval from medicare. If no medicare set aside is necessary, figure the costs of future medical care and future likely medeical care (not future potential medical care) - reduce to present value and discount to make it attractive to settle now instead of later. Add the two figures togther (indemnity and medical) and there you have it.

      As you can see, there is some art to the negotiation - what is an attractive discount now; what should be included in future likely care; how long the injured worker is probably going to be out of work; etc.

      Do you also have a products case based on the faulty nail gun? A rule of thumb here in Georgia for personal injuries (and this varies by county and case facts) is 3x medical bills if soft tissue only - more if surgery is required or if broken bones are involved or there is some "heat" in the case (like a DUI defendant).

      Full disclosure: I am completely biased for the injured. I have never represented an insurance company. My entire practice is devoted to helping the injured and cheated. It is deeply ingrained for me to look for how I can help the injured or cheated, and I give the benefit of the doubt to them. Sometimes I err in doing so. I'm prejudiced, no doubt.

      There are some HR reps on these boards that are just as prejudiced for the employer. It's impossible to have years of experience, training, study, problem solving and indoctrination in a field one enjoys and not to become prejudiced. That's fine, as long as we're open about where we're coming from. There are also some HR reps who genuinely give an effort to balance their opinions and recognize their prejudices.

      #10; Thu, 12 Apr 2007 04:17:00 GMT
    • The "HR peeps" that post on this site will quote you chapter and statute as a rule. I trust their "response" more than others as being accurate. They do not have any reason to lie to you!

      HaaHaaa yea O.K..... Maybe when I visit the zoo the Elephants will pass the peanuts over to me.

      JoeC

      #11; Wed, 11 Apr 2007 19:43:00 GMT