Workers Compensation settlement offer

Asked over 1 year ago - Fort Myers, FL

My husband suffered a back injury on July 23, 2012. He has a permanent partial impairment. The treating physician said he wouldn't release him to do anything but a desk job and gave him his MMI of 7% on December 14, 2012, he wasn't even finished with his physical therapy, the therapist said he needs more, his functional capacity evaluation is not until January 24th. The company he worked for does not have a desk job. The insurance company called a week ago and offered a settlement of $32,000.00 and sign off on all future benefits. Is this a fair settlement amount? What are his other options? Is it wise to negotiate with the insurance company?

Attorney answers (6)

  1. Kenneth Brian Schwartz

    Contributor Level 15

    4

    Lawyers agree

    Answered . There are far too many case-specific considerations that go into determining whether an offer to settle is fair or reasonable than a forum like this would allow to be discussed adequately. Please make sure that your husband does not accept ANY offer to settle until he can sit down with an experienced w/c attorney and discuss the entire situation in detail and in confidence. If you need the names of some qualified attorneys in the Ft. Myers area who will talk to him for free, please e-mail me at kbs@flalaw.com.

  2. David Hughes Harris

    Pro

    Contributor Level 15

    2

    Lawyers agree

    Answered . Before anyone signs any release of future benefits, explain the whole situation to a local workers comp lawyer during a free consult. Your husband's decision can have huge consequences, so he needs to know his legal rights and where he stands. That can't be done here on the forum.

    If you need a referral for a top local workers comp lawyer, then contact me (just click on my profile for email, phone, etc.).

    DISCLAIMER: We do not have an attorney-client relationship. Only those persons who have a signed written fee... more
  3. Jeffrey Nelson Powers

    Pro

    Contributor Level 6

    2

    Lawyers agree

    Answered . The offer made by the insurance company is more than likely low. The adjuster has a certain amount of authority and they are testing to see if you take it. What if your husband needs more medical care? If he settles, then he will be responsible for paying for future treatment. The company is not required to take him back at work. They will probably fill his position with someone who can do full duty. You should speak to an experienced workers comp lawyer about what to do. The insurance company wants a closed file and to quit paying benefits and doctors who treat your husband.

  4. Bobby L. Bollinger Jr.

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . If it is the first offer from the insurance company, then odds are strong that it is not a fair offer. But your husband probably does not know enough about workers' comp to successfully negotiate a better settlement. He may be best served by not talking to the insurance carrier again until he gets some legal advice from a competent workers' compensation lawyer.

    This answer is intended as general information and not as specific legal advice. If you want to have a free... more
  5. George Ellis Corson IV

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Why is it always the wives on here for the husbands? Tell Bubba to hire a FL Workers' Compensation Attorney, who can look at the medical reports and actually render a competent opinion. There is no way that we can tell you what his case it worth without seeing the reports and working the numbers.
    If they do not have lighter work they probably want him to resign in conjunction with settlement, so that is a side consideration if he has union benefits or retirement at risk.

    We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY... more
  6. Larry Alan Apfelbaum

    Contributor Level 13

    1

    Lawyer agrees

    Answered . I hate answering a question with a question but how can they issue a disability rating before your husband has completed medical care? Illinois just adopted the AMA impairment system and it clearly states a PPI rating cannot be done until the employee has completed medical care. Anyway, I strongly agree with the other answer. The insurance company is hoping you are in need of money and will take their offer. Don't do it. Talk to attorney that concentrates in WC, at least 50% of their cases, so you can be confident you are getting good advice. Try to get as many of your medical records as possible before the meeting so the attorney can offer some specific advice.

    One additional matter. In Illinois when a client gets a settlement offer in writing before hiring attorney, the attorney can only charge fee on additional money the attorney wins. You should ask if your state has the same rule.

    Good luck!

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