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Workers compensation settlement

Modesto, CA |

the insurance carrier wants to settle my claim and so do I. However, they are only willing to settle via C&R because the client is legally uninsured. I do know that I have a right to keep my medical open but I know my treatments are costing them a lot. They are tying o low ball the heck out of me and when I say "Fine, then will keep my medical if you don't want to give me the amount I think I need to give up my medical for life. Their attorney acts like I don't have that option and C&R is my only choice. I am not stupid so I the attorney that I will let the judge decide when we go to court next week, Why are they so DESPERATE for me to give up my medical

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Attorney answers 4

Posted

Hello, the Employer wants a C&R for more reasons than just the future medical care, and I guarantee they are not looking out for your interest, but theirs. "Legally uninsured" is a legal term of art reserved for municipal entities, similar to "permissibly self insured" so presumably there is security in that you will be able to have your bills paid into the future. The choice is yours, not theirs, and they must pay what the medical and remaining case is worth. I strongly suspect you could benefit from the eyes of a legal expert and would likely recoup more than the modest Attorney's fees allowed by the court. Lifetime medical care is a right but the Defendant will always make it as hard as possible to collect by way of legal claims management tools. Even if you think the money is enough, you need to carefully weigh both alternatives to suit your personal circumstances. Hearing your Employers posture, I suspect you may not be getting every benefit you deserve. Good luck.

Asker

Posted

well, my court case is on the 22nd and they keep sending me stupid offers expressing that they don't want me to tell the judge to settle case and they want it to b settled before court. they say that are being fair but I beg to differ. I gave them an amount that would provide me an expensive treatment that I need according to doctors and the Chronic Pain Management Guidelines. I told them I would ignore all offers that is less than what I am insisting on. I know I have been a pain to cover and I constantly make them go to court when they try to get away with stuff, they are tired of me hauling them to court as well.

Guy Allen Medford

Guy Allen Medford

Posted

Hello again, well I think the fact that they do not want you to see a judge or expert tells you a lot. You really need to have your case looked at before you get to court to avoid procedural roadblocks that may occur. Click on the Specialist link above for a free consult. Good luck!

Asker

Posted

You are correct. I will do that. thank you

Posted

They want the taxpayer or you to pay for future medical treatment. No one can force you to waive your rights to future medical treatment. "Legally uninsured" has nothing to do with the settlement process. See http://www.wcwebzine.com/a-z/settlement.htm and links and also see http://www.wcwebzine.com/a-z/futuremedicaltreatment.htm
It is almost impossible to calculate what future medical treatment is really worth, unless the docs say you will only need an occasional aspirin.

Asker

Posted

Wow, you wrote that. I am at the point of settling my case and the use of an attorney is long past but I wished we would have talked earlier. I have insisted on a particular treatment based on doctors advise and more importantly chronic pain management guidelines. thank You

Posted

I agree with my colleagues. They want to get you off of their books and close their book on you. You are correct that they cannot force you to close your medical care. You're smart in pointing that out to them and telling them that if they don't want to pay your price, then you can just let the Judge Award you life-time medical care for this injury.

Posted

You're right that you can't be forced to settle out your medical care. It's the attorney's job to minimize exposure for his/her client. My question to you is, if your employer hired an attorney who is aggressively defending its case, why don't you have one to fight on your behalf?

Asker

Posted

I agree and in many cases it is best to haven attorney because I have used them quite often. Unfortunately, adjusters play little games and they know that my attorney would rather ignore or let some things slide just to stay out of court all day. If I was an attorney I would do the same thing. However, as a client, I would rather go to court because they are taking their time to refund a $100 mileage reimbursement. It doesn't cost me anything to go to court but it sure does cost them.

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