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How long does it take to settle a workmans comp case after depositions with lawyer and insurance co.

Millbrook, AL |

social security has approved me as disabled

my injury has turned into a personal injury

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Attorney answers 2

Posted

While I don't practice in your state I have practiced workers comp law for 35 years. The insurer will usually offer a settlement based on their risk of exposure for payment of future lost wages, medical bills, and payment for any permanent injuries. Often, the first offer will be a low ball offer to see if you will grab it.

Check with a reputable WC attorney for his opinion about your case.

I practice Social Security and Workers Compensation law in Virginia so this is not meant to be legal advice but only general information.

Posted

It will likely take months and months because of your Social Security disability award.

The Social Security Administration knows Medicare will be 'stuck' with your treatment bills for a work injury.

So, if you told your lawyer you want to 'cash out' your future medical care, or if the Insurer is trying to get a 'divorce' from you and pay you off for your future medical rights, the attorneys must communicate with the Social Security Administration for a MEDICARE SET ASIDE.

A Medicare Set ASide is a calculation as to -- based on the doctor's findings -- how much cash the federal gov't will likely spend to care for your work injuries over your lifetime.

and THAT calculation is taking about 5 months, these days.

So, now the attorneys have to send in the doctor's final findings (do they exist yet? have the insurer's physician and your treating physician written their final reports??), and wait at least 4 months.

Sorry for the bad news.

I always encourage my clients to resolve their Compensation Claim, wait 2 years and THEN apply for Social Security... but you have it now, so now the attorneys need your SetAside figures to proceed.

ALSO: if the attorneys cannot come up with a figure that satisfies you and the insurer, you are going to trial, and the loser at trial can appeal... again, could take many months (about 10 in California).

Sorry to be the bearer of bad tidings. Hope it goes more quickly for you than most.

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