Last month on the first i had a court date for the insurance company to resume paying me because they stopped two and a half month before.There doctor said that i could work while my lawyers doctor and mine said I could not. I have been out of work since September and i was wondering if the insurance company would settle with me for a couple of reason what i am getting a month is not enough to pay my bills and rent and to survive. There is no possible way for me to go back to work because of my injury to my back no even light duty. Is it to soon to settle or no? Thank you all those who answer
Sounds like you need to work on a plan for the future and that involves a detailed in person discussion with your lawyer about the value of your case and the future medical treatment (and perhaps vocational assistance) you will need after any settlement. Plan out what you will do AFTER any settlement is reached. If your still actively treating and need a lot more medical treatment to be able to return to any work - it may be too early- but even extensive current medical treatment options can be planned and provided for in a carefully constructed workers compensation settlement. Go meet with your lawyer in person for a detailed life care plan and post settlement plan. Best - Charlie
That is a good question and should only be answered by a workers compensation who practices in your city/state. Workers compensation laws differ state to state so what applies in Delaware, where I practice, may not apply in your state.
I recommend finding an attorney who focuses on workers compensation cases in your area.
You indicate that you need to settle your claim because you are not receiving enough to pay your bills. You also indicate that your injury prevents you from returning to work. What are you going to do when the settlement money is gone? You would find yourself in worse shape than you are in now. It sounds like a settlement would only be a short term solution.
You should discuss this with a local attorney.
You can settle anytime you want assuming you can agree on an acceptable figure with the insurance carrier. However, as Attorney Welch notes, you should think long and hard about a settlement, and in particular how you will pay your bills if you are unable to return to work and if the settlement runs out. By all means you should consult with an attorney to discuss these issues.
If this is a back or neck injury, it may be a little premature to settle. Based on what you are saying, if the physicians are in disagreement regarding your current status, and your doctor has not returned you to work, then you have not reached maximum medical improvement. Theoretically you could settle your case, so long as the carrier agreed, as my colleagues noted. If you cannot come to a consensus with the carrier on a settlement, your best bet to reach an agreement for a reasonable amount of compensation is when you reach permanency. Moreover, if you settle before you know what your medical condition is or is going to be, you likely would be giving up your medical coverage, which is more valuable than the indemnity or lost wages.
If this is an injury to an extremity that will result in a schedule loss of use, settlement likely, would not be in your best interest.
Either way, I would recommend that you consult with an attorney if you do not have one. Good luck.
Get a meeting with your attorney and take his advice. Your attorney is the one most familiar with your case and he is the one in the best position to advise you on settlement.
