Settling out future medical for work-related injuries

[Anakron]

Hi folks, so I've seen lots of helpful threads and posts here on BG, and was hoping I could get some useful advice.

So long story-short, my dad was injured (his back) at work and is currently seeing chiropractor / physical therapist / etc several times a month on the employer's insurance. The adjuster recently offered to settle out the future medical for a lump sump.

Now I know that getting an attorney involved is probably the best option in terms of covering our bases, but the proposed settlement isn't that big anyway, so I'm wondering if it's something we can handle ourselves.

Anybody have experiences or work in this area?

My main concerns are:
- be aware of any gotchas beyond the obvious
- how to negotiate for more? I assume their initial offer isn't their best

Thanks!

[Cream Soda]

I'd say talk to an attorney.

My friend had a back injury at home depot and settled for 4 grand. 6 years later, he still has back problems

[Melena]

I'm assuming this fell under workers comp. I went through this a few years ago with my left shoulder. The thing you have to think about is, how bad is the pain, is it something he can continue having treated under his regular insurance with minimal cost. Also is he going to be with the employer for the foreseeable future? If he's pretty much recovered, and has been pain free for several months, or has left for another employer, it's probably safe to cash out. If he's still dealing with a lot of pain, don't.

[Sepukku]

Just remember an offer to settle is likely cause it saves the employer money; which means it likely shorts the other party compensation/costs the employer otherwise would've paid.

[Anakron]

My dad is actually retired now, and from everything, it does look like settling is what he wants to do. So my main concern is the process of settling, and making sure we don't get screwed in some way. And getting more than their initial offer would be nice as well.

[Byrthnoth]

He'll probably be living with whatever pain he's in for the rest of his life, so look at the settlement as if it's going to pay for those chiropractor/PT visits until he's 78.

[myreality]

Talk to a lawyer. Assume the worst, hope for the best.

A business only cares about the money. Even if he worked there for 40 years, they will probably try to save money at his expense.

[Senji]

Friend went through similar thing, slipped disc. Gotta say it's impacting your quality of life, apparently affecting relationships/sex is big. He's much younger, lots of variables, circumstances, cost of surgery options, etc, but he got 100k. Lawyer up.

Development company I work with straight up cuts 3~7k checks for winter slip and falls even though they would completely be in the clear. It's essentially go away money if they accept, and cheaper than it would cost with lawyer/court fees. To put accepting only 4k into perspective for an actual injury.

[Firedemon]

Like others have said, don't settle unless your dad is fine with paying for the chiropractor after the lump sum is gonezo.

[Kalmado]

Another lawyer up. Especially with the way insurance is nowadays I wouldn't chance having to use personal insurance for any future visits. It may seem like a hassle, but in the end it's more than likely the best choice and worth it to get a lawyer involved.

[LinktheDeme]

Just remember an offer to settle is likely cause it saves the employer money; which means it likely shorts the other party compensation/costs the employer otherwise would've paid.

This ^

I can't represent myself as a CPA until I get 4 more months of industry work experience but I passed all the exams required to be qualified. So I can't stress this point more than enough.


Unless for some reason you feel you can invest the settlement into a greater return than they can dish out over the suspected period. That's the only, unlikely, exception to the rule.