I am currently on workers compensation for the second time within a year. I am a nurse and this injury is my back. I have had an MRI and have been working at less pay on "restricted duty" since the second week after my injury. Only this week have I returned to nursing but am still on restricted duty and am scheduled to see a neurosurgeon for a one time visit. I was offered by the work comp insurance to "settle" for 7-10 thousand and I would turn in my resignation and be put on paid administrative leave until it is accepted or finalized. I am not sure what I should do. My injury is not debilitating, but I have back pain almost every day. And why setup a neuro appt if I don't really need one? I like my job now, I am planning on moving on from this job eventually. I just don't want to be unemployed and I do not want to be stuck paying for injury related dr visits in the future. Is that what I will be giving up if I settle? Do I have to resign to settle? Why would they just out of the blue offer me to settle? I am so confused. Can someone please give this single mom some advise?
Michael Richard MoebesWorkers' Compensation LawyerAtlanta, GAGA licensed ·
You should talk to an attorney asap. Don't trust the neurosurgeon the insurer is sending you to. Do not take their offer without advice from an expert!
As for the resignation, 95% of the time, that's the only way to get the other side to settle with you.
Jaret Adam SpevakWorkers' Compensation LawyerAtlanta, GA ·
I think you should speak with an experienced workers' comp attorney before making any decisions regarding settlement. A resignation is almost always insisted upon by the employer/insurer with a settlement. Talk to an attorney ASAP. Good luck!
Technically, you do not have to resign to settle a workers compensation case. However, as a practical matter, the employer usually will not agree to settle the workers' comp case unless you do resign. Do not settle the case without consulting with an attorney. The settlement offer seems very low for the injuries you describe. If you decide to settle and the employer requires a release and resignation, make sure you get separate consideration for that release above and beyond what the employer pays for the Workers' Compensation settlement.
You should sit down with an attorney to discuss this matter. Insurance companies will not be fair with you without an attorney. Here, it appears that they a trying to make you go away without the proper and necessary treatment for your type of injury.
You need legal advice that is specific to your situation. Workers' comp lawyers give free consultations. Get one. Or three. And don't make any decisions until you do. They want to settle with you because they think they will save money on your case by doing so. But you are about to be taken advantage of, so get some legal advice.
This does seems like a "low-ball" offer for the injuries you discuss. An experienced workers comp attorney can let you know what to expect in terms of a rage of possible settlement values after reviewing your case. Best bet is to call an attorney - don't try to do this on your own.
The insurance company will lowball their offers to you as you are not represented by an attorney. You need to seek advice asap from an experienced attorney in your area who can guide you through the settlement process. Having previously worked for insurance companies for years, in my experience they always try to lean on claimants to settle their cases too quickly and for next to nothing.
