Workers Compensation Settlements Are Totally Voluntary

[@francesg.1587]

Very helpful. I'm in Los Angeles. Very difficult time. Heavy lifting injury. Mini Stroke, Aphasia/ Spinal injuries. No treatment since the injury 3 years ago.

[@analytics8055]

Really very helpful Mr Miller. Wish we lived in your state!! We're stuck in CA and my son blew his 2-3 disk out throwing 100 lbs river rafts all summer. Couldn't walk without a cane and was in lots of pain, at 24 years old. Really crushing to see this. He had surgery that seemed to work, but then six weeks later had a dural leak, and was back in hospital for 10 days.. a real FUBAR experience. Now the employer wants us to drop our workers comp claim and settle with them directly. We are worn out here. I will ask our lawyers what they think. Tanks for the great informative videos. Thomas in Santa Barbara

[@virtualreality512]

Very helpful WC information. Viewers should give more thumbs up.

[@kindredmalise6633]

Is it a good sign when your case manager asks your current physician to close your case before your FCE?

[@JoeMillerLaw]

I can't speak to your particular State, but what you are saying makes no sense. If you were telling me that the Nurse Case Manager was closing out her file, that would make sense to me. . But in VA and NC, the NCM does not have the power to TELL or ask your treating doctor to do anything, much less "close your case." Also, typically, the doctor will want to see you at least once more after the FCE to go over the results and sign off on them. Good luck to you on your case.

[@kinabean4953]

My job didn’t give me workers comp they are only paying for my medical bills and forced me back to work on light duty now they are harassing me and trying to make me do things outside of my restrictions

[@JoeMillerLaw]

Sorry for the late reply. Not surprising at all. Common tactic to try to get you mad so you say something nasty to your supervisor and then they can fire you for insubordination and out goes your case. Don't let them get to you.

[@darrylclintonjr1938]

Thanks Joe this was informative.

[@JoeMillerLaw]

You are very welcome and that you so much for watching. More on the way!

[@josephwashington6658]

What if you apply for jobs the vocational person tells you about. And the company doesn't call you back. Do workers comp stop paying 🤔

[@gabeescoto6590]

Mr.Miller, I have enjoyed information. However I in Texas and have called some attorneys and not has provided me some information. I would like to know where in Texas could I get this book you are speaking about.

[@JoeMillerLaw]

If you mean my book on Workers Comp Settlements, i dont' think it will help you in TX. The main one i wrote on settlements in particular is based on NC Law. I'm sure there are many workers comp lawyers in TX who have written similar books, you just have to search online anywhere in the state and you'll find them on their websites, usually available as a Free Download. I wish you the best of luck on your claim. If you would still like a copy of the book it does contain some generally applicable ideas, and we'd be glad to send you a copy. Just email me your address at [e-mail]. Thanks.

[@coreyneal5442]

hey joe I tore my meniscus at fedex about a year ago I just had surgery this past May and I'm still having problems my lawyer told me I'm waiting to be awarded some type of number so that I can receive a settlement, but I'm worried because things are moving so slow and I'm affraid I won't get a settlement and my entire quality of life has change

[@JoeMillerLaw]

I have to say that I really hesitate to comment on anyone's case who is already represented. It it really inappropriate. Also, i have no idea what state you are in; however, i will just say generally that workers comp is about very cold, hard numbers. Yes, it's very painful and upsetting that you can no longer do the things you used to do. But outside of your restrictions' affect on your ability to work, the impact on your "quality of life" makes zero difference in a workers comp claim in terms of the value of your case. Very different from a personal injury case. Finally, I always encourage my clients to be patient. Workers comp can be a very slow process. Good luck to you.

[@OneWayBullyzNJ]

I live in New Jersey.. I was hit in the back of the head with a metal object by my co worker on purpose. I pressed charges & had to go to the hospital for an concussion that lasted a little over 2weeks.. is this a worker comp case ?

[@OneWayBullyzNJ]

Yea pretty messed up situation in the process of getting it all situated now..

[@BBond88]

Very good informative, thank you

[@JoeMillerLaw]

Thank you so much. It's really important so people know what to expect minimize mistakes. Thank you so much for watching.

[@anthonywylie5771]

Good afternoon My question is Which is the right thing to do my doctor ask me to bring in a ss application on my next visit. I have a Worksmans comp case right now am ttd with a 21% rating and my aww 1890 . My first surgery was laminectomy and got my rating of 21% Then the insurance co Sent me to specialist He recommended fushion which I had done still in pain I don’t know my disability will change Should I settle my case with Worksman comp then file for ssd What best advice

[@JoeMillerLaw]

My Wylie, first let me apologize for the delay in replying to your questions. First, I do not know what State your WC case is pending in, so it is difficult for me to respond to your query, because every state is different and there is really not quite enough information for me to provide you with helpful advice just from what you posted here. For instance, in some states, I know the rating is very significant. Others, it may not be. If you are either in VA or NC, the main, first inquiry is" What are your PERMANENT work restrictions that resulted from your work injury?" For instance, if you've had an FCE and it says you cannot return to your pre-injury work, the employer is not accommodating your restrictions, and you are older, i.e. over 55, you really don't need to even get into the ratings to talk about settlement. This is because the indemnity portion of the settlement is based off of the number of weeks you have remaining under your Award. In VA and NC, they have to pay you for up to 500 weeks, unless they can find you a job within your restrictions. As to settling now and waiting on the recommended fusion that is really a question only you can answer. See my video re whether to get surgery or not. If you can't live with how you are now, you had better get it done on the insurance company's dime. If it's not that bad, you may want to consider settlement. As to whether to file for SSDI, it's something to consider, but realize that when you do that, it will bring down a few more requirements as far as settling the medical portion of your claim. See my Video on Medicare Set-Asides. If you've been hurt in VA or NC, please feel free to call the office. Happy to help.

[@anthonywylie5771]

Thank you for some advice it’s under Worksmans comp in New Mexico. Thanks again

[@madmikey256]

If settlements are voluntary than nobody would get one. I was told the opposite. Am I missing something?

[@JoeMillerLaw]

I guess you are not understanding the context, or the person who told you was not familiar with Workers Compensation. First of all, we are only talking about workers comp. Not personal injury. And what I mean by "voluntary" is that there is no legal obligation for the Insurance Company to make a decision settle with you. If you have an Award, then if they are paying you your benefits and paying for the related medical, that is all they are obligated to do. If they choose to do so, they can just continue to pay you your 500 weeks of benefits and pay for your medical benefits for as long as you need treatment for your work injuries, which could potentially be for the remainder of your life, depending on the extent of your injuries. And your statement that "nobody would get one" is not true. The reason I think many insurance companies want to settle a workers comp claim is because they've crunched the numbers, and the risk that they will have to pay a lot of money on the claim in the future is high enough that it makes sense financially for them to pay a lower lump sum to the claimant right now in settlement and close out the claim. But that is a VOLUNTARY CHOICE and not an obligation. Now if they AGREE to a settlement in the context of a Mediation in North Carolina, there is a Mediation Agreement drawn up at the end of mediation , and yes, THAT is an enforceable document and at that point they must send the settlement documents typically within 30 days and follow through. Also in the context of personal injury, if they or you agree to settle for a certain figure verbally or via email, that can be a binding agreement. But that does not work in workers comp except as I just explained in NC, because all settlement agreements in workers comp must be approved by the Workers Comp Commission. Hope that explains.

[@sackveeradeth3113]

I have a friend he was injured at work after he had treatment Dr. Put him a permanent disability but now the insurance company did not pay for over a year they stopped paying. can he sues them back?

[@JoeMillerLaw]

In most states you cannot “sue” your employer or insurance co. Your only remedy for on the job injury is workers comp. he should consult with a workers comp attorney in his state.