I'm going to feel really cheap for asking this... work comp-related questions:

[goingoneight]

Okay, so I'm somewhere in the neighborhood of 80% back to normal after I broke my hand on July 6th. Had surgery three days later and all is going very well. Work comp has come in to coevr the bils and the therapy and whatnot... but my caseworker tells me there's a settlement involved.

First thing I thought was, "cool... $$$," right? Second thing I thought was... "are they settling because my hand will never be back to normal? Is there somethign I'm not beign told?" My case worker guy has been friendly, but he beats around the bush a lot with details and is one of those guys who throws information out there last minute.

His quote... "anytime you have surgery from a work-related injury, you're entitled to a settlement, regardless of how the healing process goes."

Seems a little fishy to me. :confused: Anyone else ever gotten bank for sitting on their arse at home for 6 weeks while you're "healing?" Somethign just doesn't add up. And for the record, I'd much rather have my hand back to normal than to have some check that will be gone to bills in the blink of an eye.

Anyone ever got a work-injury settlement after a successful surgery? Does this make any sense at all?

[Hamhock]

are you in Oklahoma?

[royalfan5]

I'm sure it depends on the laws of the state, but my Uncle is in a similar situation with the state of Nebraska. He busted his thumb up pretty bad, and needs to have additional surgery to have a fully functional thumb again. But he doesn't feel the surgery is worth it, but his case worker recommended he keep going to the doctor to keep the case active because he will eventually get some sort of settlement. In addition, he was a state employee at the time of the incident which may affect things.

[Hamhock]

do you have a PPD rating?

[Viking Kitten]

OLDNSLO/PHIL SIGNAL!!

I am betting that they would be offering you a small amount of money in exchange for your waiving your right to any future claims. That's just my guess. I could be wrong. Ask the lawyers.

[olevetonahill]

OLDNSLO/PHIL SIGNAL!!

I am betting that they would be offering you a small amount of money in exchange for your waiving your right to any future claims. That's just my guess. I could be wrong. Ask the lawyers.
What VK said .
Plus with the premiums that employers pay for WC ya might as get all you can. Oh and Dont feel cheap about .

[KsSooner]

Ditto VK...

[jk the sooner fan]

VK nailed it

settlements arent made without a release

[goingoneight]

Thanks, errrrbody. :)

I really feel like things are going well, I'm just not 100% yet. I can't clench my fist all the way because the tendons are what they call "adhesed." I know a few people who are saying "don't settle!!!" because that would mean they're cutting my rope and sending me back to work not fully recovered. This case worker has been squirrelly with the details, but the medical staff and therapists have been great (once I declined that OSU medical center and went to TOSC :P).

Just to give ya an example of how my hand is doing, I'm swinging baseball bats, playing catch (warm-up throwing for coed team) with the softball teams again, and I even played catch with the football today. However, my righty cannot do things like holding a golf club or a pencil tightly without dropping it or messing up. I basically just don't have a full grip and strength yet. I used to be able to throw a pigskin in between 40-50 yards if I was just going for distance (never measured exactly, but I've nailed a mid-field pass to a friend from the goal line before just playing around when I was healthy)... not braggin', just sayin'... I'm an athletic type of dood. ;) I've got a good 25 or 30 yard throw right now that has been getting better and more accurate with exercise. Haven't lost an ounce of strength throwing a baseball, although it hurts a little bit more when I've been throwing a smaller ball. Bone is fully healed, but having ten joints locked up in a cast made my arm all stiff and weak.

[Soonerus]

you need an attorney...I could recommend some to you...

[Frozen Sooner]

Okay, so I'm somewhere in the neighborhood of 80% back to normal after I broke my hand on July 6th. Had surgery three days later and all is going very well. Work comp has come in to coevr the bils and the therapy and whatnot... but my caseworker tells me there's a settlement involved.

First thing I thought was, "cool... $$$," right? Second thing I thought was... "are they settling because my hand will never be back to normal? Is there somethign I'm not beign told?" My case worker guy has been friendly, but he beats around the bush a lot with details and is one of those guys who throws information out there last minute.

His quote... "anytime you have surgery from a work-related injury, you're entitled to a settlement, regardless of how the healing process goes."

Seems a little fishy to me. :confused: Anyone else ever gotten bank for sitting on their arse at home for 6 weeks while you're "healing?" Somethign just doesn't add up. And for the record, I'd much rather have my hand back to normal than to have some check that will be gone to bills in the blink of an eye.

Anyone ever got a work-injury settlement after a successful surgery? Does this make any sense at all?

The compensation for certain injuries is set by statute that varies from state to state. Accepting a work comp settlement does, in fact, waive your right to file suit.

[goingoneight]

Cool... I'll get with my therapists and tell 'em I want my claw back 100%. If I get a settlement, I get a settlement... cool. I've just been informed by my Dad (who also happens to be the boss) that because I did have surgery, I am entitled to what he called "something of a settlement." He said it's like pain and suffering from car wrecks. He said don't settle until I knowsomething from the docs. IOW, if my doc tells me in three weeks this is as good as my hand will ever be again (hopefully he has better news), I then report hias statements to my caseworker. We then negotiate with the company on "settlement." Good news is the docs say I'll be back like it never happened. They're pretty confident in me, I guess.

[OUHOMER]

I glad to hear its getting better, and hopefully will return to normal. Baseball bats, footballs, golf clubs, how about ....... never mind.. but than again could be some mental anguish for your settlement.

[Hamhock]

Oklahoma is a no-fault state. I'm not sure you can sue anyhow.

You need to get an attorney. At least consult with one to get some questions answered.

I'll warn you in advance. Many work comp attorneys have a long trip up to make it to the bottom of the barrel.

[Phil]

Under Oklahoma law, your exclusive remedy is workers' compensation benefits if you are hurt on the job, with some extremely limited and almost never applicable exceptions. The settlement they are talking about is basically a vehicle to close out your case and your right to reopen the matter later on if your problem recurs, becomes worse, etc. If you want to drop me a PM, I can go into more detail about it.

I hate work comp work with a passion, but we get some defense work, and I know how to do it, so, reluctantly . . .

[Hamhock]

Oklahoma is a no-fault state. I'm not sure you can sue anyhow.

You need to get an attorney. At least consult with one to get some questions answered.

I'll warn you in advance. Many work comp plaintiff attorneys have a long trip up to make it to the bottom of the barrel.

fixed

[frankensooner]

For every bottom feeder you see peddling their substandard wares on the Tee Vee, there are hundreds of decent, hard-working attorneys available to provide a client with the best representation possible.

[Hamhock]

For every bottom feeder you see peddling their substandard wares on the Tee Vee, there are hundreds of decent, hard-working attorneys available to provide a client with the best representation possible.


my experience with bottom feeding plaintiff lawyers is not from the TV. it is from dealing with them on a regular basis in workers' compensation court.

while there are certainly good plaintiff lawyers, in my opinon, the ratio is nowhere near 1 to "hundreds"