SHOULD I "SETTLE" IN MY MICHIGAN WORKMANS COMP CASE????

Asked 6 months ago - Royal Oak, MI

Should I settle my MI workmans comp claim for only back wages totalling 6K (not including the fees incurred with my attorney after a year of 15% and a Dr Consult and the State of MI $100 fee) even though I am maimed with a lifelong disfigurement including a steel plate installation from my injury suffered on the job with a MAJOR DEPT STORE???? Why isn't my atty persuing MORE than this from a MAJOR DEPT STORE? They also want me to use MY INSURANCE for any further medical attention for ANYTHING related to this injury????? Please advise and thanks for your help.

Attorney answers (5)

  1. David B. Carter Jr.

    Pro

    Contributor Level 20

    4

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . This does not smell right but then again I am only hearing your side.

  2. Thomas H. Rosenhagen

    Contributor Level 7

    4

    Lawyers agree

    1

    Answered . This question simply cannot be answered "yes" or "no". A full understanding of the facts are needed to appreciate the strength of your case. Your attorney, assuming he or she is experienced in this field, will be best to give you those facts. I would, however, want to know if there is any subrogation lien advanced by your group health insurance company as you may have to pay them back something out of your settlement proceeds. Make sure that is understood. The fact that your injury involved a major dept. store means nothing as the law applies to them no differently than a small business. If your medical does not support your problem being work related or that you continue to be "disabled" as a result of that injury then settlement may be wise. Again, I would have a long conversation with your attorney about these issues. Good luck

  3. David J. McCormick

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . Based on these facts no one can give you advice on whether or not to settle without looking at your file and medical records/reports. It appears that you have an attorney to sit down with them and talk this out.

    However, if you no longer have an attorney you need to get one ASAP.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  4. Bobby L. Bollinger Jr.

    Pro

    Contributor Level 16

    4

    Lawyers agree

    1

    Answered . The depth of the store's pockets have no bearing on the settlement value of your work comp case.

    Have a sit down conversation with your lawyer. Write down all your questions and take them in with you to the appointment so you don't forget anything.

    This answer is intended as general information and not as specific legal advice. If you want to have a free... more
  5. Cristine Wasserman Rathe

    Contributor Level 13

    1

    Lawyer agrees

    1

    Answered . Something that needs to be understood is that Work Comp in Michigan does not permit recovery for 'pain and suffering' like other types of injury lawsuits. This is by statute. Thus, even though you may have suffered significant pain and interference with your daily activities, all a work comp attorney can try and recover on your behalf is a % of your actual wages from the time you were off work and medical bills. Depending on how the injury occurred you may have a claim against someone else (ie, if its a slip and fall and company hired to salt and plow parking lot was somehow negligent you may have a claim against them) but as to the employer, the law insulates them.

    Each employment situation has unique facts and circumstances. This means that information and advice cannot be... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,482 answers this week

2,763 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,482 answers this week

2,763 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary