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WC Settlement in Delaware

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  • WC Settlement in Delaware

    It has been a while since I posted so real quick run down:
    -Injured April of 2006, s-4/l-5 herniated disc
    -one doctor said I reached MMI in september of 2006, a second opinion said "no way, needs more time to strength muscles/core."
    -February 2007 moved to Oregon and started new job with new company.
    -May 2007 lawyer had me fly to delware to get "rated." I believe it was 11%.
    -hearing set for Dec 20, 2007 w/ Industrial Accident Board for PPD benefit.

    A few weeks ago my attorney called and said the WC insurance wants to settle for $15k, and I give up all future medical benefits/claims. As me and my attroney discussed, we can get that amount and keep future medical benefits by going to our scheduled hearing before the Industrial Accident Borad for PPD benefit. So he counters their offer with $50k and I will relinquish all rights to future medical benefits. He thought $50k was acceptable and wouldn't "scare" them off. We haven't heard back yet.

    We thought that was a fair price since my back has been doing great with exercising, plus I have great medical coverage if future treatment is needed.

    Any thoughts on what an exceptable counter would be if they go lower than $50k?
    Last edited by Ted and Natasha; 10-08-2007, 10:17 AM.

  • #2
    Your attorney is the best person to answer that question. With an 11% rating, I wouldn't bank on the carrier settling for 50K though.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Well, you called that one. They countered today with $20k. My attorney thinks he may be able to get $25k. Frankly, I'll be happy with either and just be done with this whole mess.

      Thanks for the input.

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      • #4
        The counter was pretty much what I expected. They may go a bit higher, I don't know, as I'm not them. Make sure you talk to your attorney about what you need out of this and that settlement is in your best interest but if you are doing well and don't expect any major treatment, it may be. Also talk to your attorney about what would need to be put in a medicare set aside if you do settle.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

        Comment


        • #5
          Originally posted by ElleMD View Post
          Also talk to your attorney about what would need to be put in a medicare set aside if you do settle.
          Do you mean taking a portion of the settlement and putting it into a medicare account or something in those terms? My attorney has not mentioned this.

          **Update...I'm only 39 and in pretty good shape now, lift 2x/week for strength training and ride a stationary bike 45 mins 3-4x/week. I am not on medicare nor plan 2 be within 30 months after settlement. I don't believe the "medicare set-aside account" applies to my situation.
          Last edited by Ted and Natasha; 10-11-2007, 09:14 PM.

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          • #6
            The 30 month guideline only indicates which settlements must get CMS approval first. ALL settlements must take into account Medicare's interests. Since you are young and fairly healthy, there may be little to nothing to put into an account, but it still does need to be addressed when discussing the settlement.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

            Comment

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