Insurance payouts

Frank B · 02-04-2004, 05:50 AM

Hello,
I'd like to get some responses regarding injuries and insurance payouts.
I broke my leg badly last July '03 and have been on disability since the accident, the insurance company that is handling the case has been just great, very nice and actually are concerned about me and my future.
My orthopedic surgeon has reccomended that I change directions career wise and will not let me go back to what I;ve been doing for years. I've contacted my Lawyer and he has been in contact with the insurance company handling my injury. They have apparently offered a settlement which I have to meet with my attorney to go over.
What my question is , is this: What has anyone received as a payment for or from an injury. Have you had to change careers?
thanks,
Frank B

smoak · smoak's Garage

Frank,

What are the general circumstances of the cause of your injury? Was this work related? If so, there are two components to your injury claim. A medical claim (for whatever medical expenses you incur now and into the future) and an indemnity claim (for lost wages now and into the future). Typically, workers comp settlements seek to extinguish these benefits in exchange for a lump sum. Those settlements are usually based on an impairment rating from your doctor that is multiplied by a certain number. The medical portion can be left open in the future or paid out too with a lump sum (this is where the negotiation comes in).

If this is a non-work related person injury its a whole different ballgame. Depending on the amount of your past/future medical expenses, the amount of your past/future wage loss and the type of injury/treatment you underwent determines the "vaulue" of your claim. Also, the circumstances of the accident can play a pary (i.e., if your injury is caused by a drunk driver). Your lawyer should explain all of these things when you meet with him/her. Sounds like you had an open reduction and internal fixation of surgical harware in your leg, this is a very serious injury. If you also must be retrained for a new occupation, this also adds to the "value" of the claim. However, without more info I cannot give you any opinions on what you should hope to recover.

Hope this was helpful.

Frank B · 02-04-2004, 07:20 AM

work related.. all medical has been covered, and workmans compensation is being collected..
Doctor has reccomended change in career due to injury

Broken tib'fib with titanium rod in tib..

smoak · smoak's Garage

Then refer to the former. The insurance company will be looking to "wash out" your claim eventually. This is essentially a settlement. You can negotiate leaving the medicals open in most jurisdictions, which means they will pay for you meds related to the accident after you settle the wages issue. Most of the time the insurance company will want to get rid of the whole case. You will want to get compensation for retraining (go back to school) or have them pay for retraining itself. You should have a vocational rehabilitation expert assist you in the retraining issues. I am sure your lawyer will talk to you about this issue too.

vash · vash's Garage

i couldnt even begin to comment on the settlement part of this topic, so i wont even try. BUT; i also broke my leg in the same place. violently in a motorcycle accident. car pulled an illegal u-turn in front of me, i stuck my right leg inbetween the car body and the front steel bumper (70's car) and sheared the four bolts holding the bumper off. i sent the bumper flying across the street with my leg. i managed to stop the bike.

i also got my leg rodded. but with stainless. i few years later i paid to have the rod removed and i am 95% ok. my foot is sorta numb all the time. i dont think there is a job i cannot do. can i ask the type of work you will not be able to perform? it seems kinda extreme. glad you are ok though. get well.

Frank B · 02-04-2004, 10:10 AM

Hardwood flooring contractor. THere's alot of issues, mainly from the break and then the surgery which has aggravated my left knee resulting in my not being able to kneel on my left knee. I still can not walk without major pain in the knee. Doc thinks it's the rod. the entire front of my tib is sore. Doc has reccomended changing careers, I agree with him..

vash · vash's Garage

oh yea, the knee. i fully understand now. strangly enough, that was the hardest damn part to heal. even now, if i mash it against something, it will drop me like a ton of crap. crying like a baby. having said that, it is getting better. i need to wear kneepads when i work on the car, or house. i was in my twenties when this happened to me, so it has been 10 years to get to this point. good luck buddy, trust me you'll get better.

remember the first time you tried to sit on the toilet after the surgery? priceless.

cliff

Frank B · 02-04-2004, 10:37 AM

yep, the knee.
I'm 38 years old and have never had knee problems at all before. I can't kneel on it, or make love to my wife while kneeling it's pretty bad . I just had a conference with my Lawyer, and he filled me in with the insurance companies first bid to settle.. 50K and no meds. I laughed at him. and said add a zero and I'll take it......My wife is livid.
THey don't consider pain and suffering in a work related injury here in Pa. so he's going back to them..with a ridiculous request just to rattle them a little bit.. what do you think?

vash · vash's Garage

hey, that "wife" issue is worth another zero alone! btw, i am 38 too. my orthopedic surgeon told me, "if you were a horse, we would have to shoot you".

best wishes, one day you will have to tell me how you broke a 69 RS in half. that happens to be one of my favorite cars. probably my next project.

Frank B · 02-04-2004, 10:49 AM

THey wanted to cut the F*er off.
THe RS was spun and then made contact with a huge Maple tree sideways. I went through the open passenger window and landed in a summersault running as the car folded around the tree then it broke in half....Not a scratch on me

Frank B · 02-04-2004, 10:50 AM

here's the leg

Rando · 02-04-2004, 01:02 PM

Hey Frank,
I'm going to send you a PM. I have a very good friend who has worked in workers compensation for 20 years. For major Insurance companies, large retailers and now ... well where the "mouse" is king.

Would rather give this kind of information in a semi public manner.

Randy

Keith Perry · 02-05-2004, 06:29 PM

Hi. Don't neglect the mental/emotional aspect of the impact of this injury. It's real and will greatly change the outcome of the comp claim to your benefit. A few years ago a friend got hurt at work and was told by his physician he would have to train for a new career. He was in his mid thirties, the prospect of trying to learn something new and start again, competing against younger men, and losing all that he had accomplished and the experience he had gained was really bothering him. He didn't want to, but he got on a psychiatrists couch. Once there it was apparent he needed to in order to come to terms with the reality of his future for him and his family. Future medicals, including psychiatric, in a comp case are not limited and are treated different than "loss of use" schedules and resulted in a clincher or settlement almost 10 times the scheduled injury blah blah. Don't even think the comp insurer is on your side. Talk to your attorney and listen to him. Good luck and best wishes.