should i settle with wc

  • Thread starter Thread starter b79rag
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b79rag

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i have 2 bulging disks lower back. im in pain every day off and on,like a acking or nagging pain not enuff for meRAB. wc wants me to settle for medical.if i settle would i be able to get health ins. would it be easy to get another job or hard.
if i reinjure or make it worse on anther job would that wc cover it.
oh and will the bulging disks get worse over time?
 
My first reaction is to say "no, don't settle...not yet"! I'm assuming you've seen a Dr for your back..? What tests were done to determine that you have bulging discs ? Was it the Dr that told you that your injury wasn't bad enough to require pain meRAB? First I'd get a 2nd opinion from another Dr to see if he/she agrees with the first Dr.(you are entitled to a 2nd opinion & for it to be paid for by WC, I do believe). Bulging discs don't get better on their own. There is a reason they are bulging. There are some people that can have bulging discs & not have any symptoms/pain. How did you injure your back? Obviously it was on the job, since it's WC. Are you able to work now? Are you back working in the position you were in, without any problems at all? Are you willing to live with aching or nagging pain for who knows how long? You are entitled to be as pain free as possible, so think about that & asks yourself a lot of questions before you jump to any decisions. If you disclose that you have had a previous back injury an employer might shy away from hiring you.
Has WC fully explained to you what is covered in "settling for medical"?
I just don't want you to be as fully informed as possible before making any decision to "settle" with WC (some refer to WC as the devil...haha). This is a good place to start....there are MANY people who can answer your questions and/or give advice to help you feel confident in whatever decision you make. Good luck & keep us posted!!
 
Any settlement should include a substantial medical trust or fund for further surgeries. Some employers offer health insurance upon hiring. Currently for this if you have a gap of no more than 63 days between your prior health insurance and new insurance there is no pre-ex. If you go into a job with no recent coverage then, at this time, pre-ex does exist. This will change with the health care legislation but I'm not sure when.

WC does not pay for pre-existing conditions. For example, you work at XYZ company and have an accident that causes substantial back problems. You see doctors, have treatment, etc. You leave and go to ABC company. If you file WC at ABC they will want to know if you ever had this or any similar problem under a prior WC claim. If so they can deny as it is due to prior WC under prior employment. BUT, if you go to ABC company and you have a different and unrelated area of the body injured then the WC via ABC Company would have to pay as long as it's totally unrelated to prior WC claims.
 
b79,

If you do not have an attorney then I STRONGLY advise you to get one, yesterday. They will take your case on a contingency basis and each state law has caps on what they can take out of your settlement amounts for payment too. If you are unrepresented, DO NOT "settle for medical" as long as you have unresolved bulging discs or any work related injury which could (and probably will) require future medical care. My one back/neck surgery alone cost over 60k and that was only a 22 hour hospital visit. No future work related injury that is remotely related to the old injury will be covered by a new worker's comp claim either. Any future health insurance will stamp DENIED on any claim that they think is related to a prior comp injury. You could end up in a tug of war between future health insurance and worker's comp insurance if you don't get all of that worked out now.

Also, you can bet your first born that if you are "in the system" for any work related injury, that it will be stored in your MIB file for any future insurance companies to review. Please consult your attorney and if you don't have one, there is no time like the present! In addition, you are most likely entitled to a monetary cash settlement based on your disability rating. These are all things that an attorney will be able to advise you about at no initial out of pocket cost to you.

My best to you :)
 
i stopped taking them, pain meRAB. What tests were done to determine that you have bulging discs ? i had 2 mris
i injured my back by picking up a something and turned pop goes my back.
right now this is about pain free as i can get
i am able to go back to work but since i got layed off they want to settle
 
Hi b79rag,
I agree with kentuckykimmie - I also STRONGLY recommend that you do not settle until you at least consult with an attorney and maybe two or three - you have nothing to lose except some of your time. I injured my back 29 years ago and initially settled with work comp (WC) but without future medical. My back continued to get worse, so I re-opened my case and after 5 years settled again - this time future medical was included. All along the Drs. said that I'd probably need surgery at some point, but because I was young and wanted children, it wasn't worth the risk at that time - wait until I lose control of my bodily functions. The "bulging" discs progressed to 1 completely collapsed disc, 1 partially collapsed disc, 3 herniated discs, and because of the instability, bone spurs. I have always had my own insurance during this time, but because it was a WC claim, my ins. wouldn't touch my back. In June I finally had laminectomy without fusion and partial facetectomy L3, L4 and L5 and I've just started PT - everything has been covered by WC. I'm sure every state's laws are different, but unless I fire my attorney, he's my attorney on this case for life - even though he was paid 25 years ago - whenever there is a problem (and there have been many) receiving treatment, etc. he has helped. WC has tried to buy out my medical for $10,000 several times and I've always refused - my surgery alone was $80k+. Don't let them pressure you, it's your future well-being. Good luck.
 
i did talk to 1 lawyer and he said it sounRAB reasonable but im still thinking about not settling
 
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