Question


Alison

Would work comp settle my carpel tunnel claim?

I am currently on work comp (have been for the last 40 weeks or more) because I have had bi-lateral carpel tunnel twice now. My employer was not able to accommodate my restrictions that my surgeon suggested. They have set up someone to help me find retraining. This process has become more difficult than I ever expected. I am unable to find an area that sparks my interest that will fit into the restrictions. I am considering asking if they would settle my claim but don't know how much I should be expect to get. I would think 3 years of salary (they would be paying this if they retrained me). Also would I also have to settle my medical end of the claim at the same time? Sorry for all the questions, I am really confused by all this. I am only 25 years old and never expected to be on disability. Thanks I live in Michigan

7 months ago - 2 answers

Best Answer

Chosen by Asker

Hiya: In some states you can not "settle". "Settle" means different things in different states. Some states have lifetime medical benefits and you can only settle if you disputed items..... So... would need to know what state you're in to tell if you can settle. Now - just some things to put on your radar: IF you settle - the STATE governs what you are entitled to. You can't go in saying "I want 3 years salary". Work Comp never pays your entire salary (which you should know - they pay 66 2/3). Your settlement would be based on your impairment rating - which you should have or will have received from your authorized treating doc. The fact that you are getting vocational rehab benefits probably means you don't have many transferable skills? Voc Rehab benefits - just like every thing else in Worker's Compensation - varies by jurisdiction. There is a WHOLE lot more than just wanting to "settle" than it seems. If your state has a Work Comp Ombudsman - I would strongly recommend you give them a call. They work on your behalf without you having to get an attorney (who then gets most of YOUR money) Hope you're back up to (working) speed in no time.

Source(s)

Insurance Professional 12+ years

by Jifr

7 months ago

Asker's Rating: 

Other Answers

OK, the amount of lost wages they're on the hook for, the time frame, varies by state. If you've already been out for 40 weeks, and your state limit is 156 weeks, then you only have 116 weeks left. They're not going to 'lump sum' settle, unless it's to their financial advantage. If you don't know the limits for your state, you need a lawyer.

by mbrcatz- 7 months ago