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

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

Posted

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

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Asker

Posted

Well thank you Mr Carter for replying to my posted question. However, your answer to my dilemma didn't help and of course your only going to hear my side as I'M THE ONE POSTING THE QUESTION, EXPECTING PROFESSIONAL ANSWERS....

David B. Carter Jr.

David B. Carter Jr.

Posted

I am trying to be diplomatic here. It is HARD TO OUT RIGHT criticize another attorney. Your question would lead any lay person to know that this does not appear right., but to go on a public forum and criticize another attorney without hearing from him is something you probably won't see. NOW if you actually called someone in a more PRIVATE forum YOU would get a more solid answer. Think about it ANYONE who read your question would know something is not right. YOUR QUESTION BEGS FOR THE ANSWER.

David B. Carter Jr.

David B. Carter Jr.

Posted

I am sure you would get a more candid answer in PRIVATE.

Asker

Posted

I, am seeking advice & council from YOUR peers as I was lead to believe that I could seek such here. Thank you once and again.

Asker

Posted

I gotcha, and appreciate your time.

David B. Carter Jr.

David B. Carter Jr.

Posted

There is a lot of good advice out here. If you asked if you had a good case to try based on your injuries and you being maimed for the rest of your life I would be the first to say hell yes and would feel very comfortable trying the case. Once you mention that you have an attorney and he is saying to settle one must think there is something else going on because why in the world would an attorney be afraid of trial on these facts.

David B. Carter Jr.

David B. Carter Jr.

Posted

In a private conversation one can be more candid.

Posted

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 provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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Posted

A BIG thank you Mr McCormick for answering my question . I have an attorney, this has gone on almost a year now and the attorney says that's the best he can do for me??? Settling, or going to court and then I was told I'D only have a 3% chance of winning at a trial and that I would have to "front" 3k for fees to go to trial...... I am maimed for life and cannot believe "that's more like it" is getting away with this!!!!!!

Posted

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 consultation with me, please contact me through AVVO.

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Posted

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

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Posted

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 taken literally and should be used as only informational. The information provided here is not legal advice and should not be interpreted as such.

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Asker

Posted

THANK YOU Cristine for cutting through this information and giving me a wealth of information!

Cristine Wasserman Rathe

Cristine Wasserman Rathe

Posted

Your welcome. Good luck!

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