Getting Workmans Comp Settlements 10 Years Later?

by Willie
(USA)

I have a question about workmans comp settlements being offered by the adjuster 10 years after the accident...

In 1999 I was injured from lifting a heavy steel beam with three other men. We had to round a corner and one man let go, putting extra weight on my body. Severe pain shot through my side as well as in my right foot and leg. I was sent to the hospital.

I told them of the pain in my foot and leg and showed them a hernia from the accident. I had the hernia repaired. I went through a battery of tests for many months for the foot and leg pain. Neuropathy was caused from nerve damage from the injury. I was referred to a Pain Management doctor after nothing could be done to correct the problem. I now have to take pain meds every day.

I was retired because of the injury. I only received a few weeks of workers comp pay because I was only out of work for five weeks after the hernia repair. The pain from my foot and leg were very severe, but I kept working.

Eventually I could no longer work and was retired on Social Security Disability, the first time I applied and was accepted. But I had no pay for over 6 months.

The pain worsened over time. I had procedures on my back for the Neuropathy to no avail. Doctor said it was one of the worse cases of nerve damage he ever saw. Over a year later I received an offer in the teens to settle. This would have been the end of medical treatment.

I refused the offer. Now, over ten years later, my adjuster calls and wants to make quite a substantial $$ offer. My medical benefits will be cut if I accept the offer. Social Security Disability has been a struggle and being in pain ALL the time is horrible.

Why would this offer of more $$$$ for a workmans comp settlement come now?

I don't want to give up my medical (Dr's visits, meds, and etc.) with pain management. Can I counter what is offered to include medical, or counter the $$$$ amount to help defer medical cost in the future?

Medicare, nor my supplemental insurance has ever paid a penny towards my workers comp settlements medical care. With that said, are we required to notify 'others' if an offer is accepted, since workers comp is the only insurance to ever pay a claim? I am soon to be 70 years old. I have suffered since the age of 59. Thanks for any help you can give.

Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information you provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when making decisions about your case. You should always get a formal case review from a licensed attorney.

ANSWER for "Getting Workmans Comp Settlements 10 Years Later?":

Willie:

Your injuries seem to be catastrophic. No one should have to suffer for so long. That being said, before agreeing to any Worker’s Compensation settlement, and in addition to a lump sum settlement, you have the right to demand continued payment for continuing medical and out of pocket expenses.

Why the final offer of settlement has taken so long is questionable. It may be the insurance company wanted to be sure you were finally somewhat stabilized so they can fairly compensate you for what they are confident are stabilized medical costs. The additional money will be for future pain and suffering. They probably thought the claim had gone on long enough – and we agree - and once they believed you were stabilized they wanted to close out the case.

That could be a good thing or a bad thing. In your case with the limited facts you present, it sounds like it is a good thing.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.


Best of luck,

Law Guy