No Settlement from Workers Comp Until I Get a Job?

by Anonymous
(Louisiana)

I was injured in 2008 with a damaged bicep tendon and herniated disc (5-6 cervical disc). I've had three surgeries to my right shoulder to move the bicep tendon, closed munipulation, and acdf. I was an LPN when injured and I have reached MMI (Maximum Medical Improvement). I took the FCE (Functional Capacity Exam) with findings of at most light duty.

I was given a vocational rehab person to help me find a job. I have searched since the end of July and I haven't found anything yet. I was told by vocational rehab not to tell potential employers I'm on light duty, but most applications I've filled out ask if you have any physical limitations.

I'm receiving $1,044 every 2 weeks which they will end on December 1st. I just want to settle and they want to wait until I get a job. What do I do? Do you really have to get a job in order for workers comp to settle with you?

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 "No Settlement from Workers Comp Until I Get a Job?":

Anonymous (Louisiana):

You do not have to wait until you have a new job before settling your workers compensation case. If your rehabilitation has completed, and there aren’t any further medical, chiropractic, or other costs related to your treatment, you should be in a position to settle your case rather quickly.

If you are represented by an attorney ask her to finalize the case. If you aren’t, contact your Workmans Compensation Claims Adjuster and tell her you want to settle the case.

It is your injury, your case, and your money. There isn’t any logical reason for you not to be able to settle your case when you are ready. There is no legal or practical reason you must wait any longer.

Be very careful though that you don’t settle your case until your injuries are fully treated and you are completely satisfied. If you settle too early you will probably not be able to go back and reopen your case.

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