Workers compensation settlement

Asked 8 months ago - 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

Attorney answers (4)

  1. Guy Allen Medford

    Contributor Level 10

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    Answered . 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.

  2. Marjory Harris

    Contributor Level 14

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    Answered . 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/futuremedicaltreat...
    It is almost impossible to calculate what future medical treatment is really worth, unless the docs say you will only need an occasional aspirin.

  3. Brett A. Borah

    Contributor Level 20

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    Answered . 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.

  4. Peter Joon-Sung Hong

    Contributor Level 12

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    Answered . 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?

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