[michigan_man07]

hi,
this may be a dumb question but im gonna ask it anyway.
i was told that even if you get hurt at work and get workers comp,you cannot
sue your employer.what is a settlement?is this something you get if you agree to relieve the w.c. insurance comp. from paying your medical bills?
what makes it so a person is allowed to get a settlement.i broke my ankle in 03/05 and have had 2 surgurys and ive been to 3 m.d.'s and 3 ankle specialist and nobody could tell me what was wrong.so this means because i agreed to allow my employers w.c. insurance to take care of my bills.im not entitled to a payout.i didnt know i'd have problems still..2 years after it happening.this seems a little unfair.id appreciate any help.
Thanks,
michigan_man07

[Mr. Knowitall]

The settlement of a worker's compensation case resolves part or all of the claims made by the injured worker in return for a lump sum payment. If you don't have any additional medical costs and aren't losing any wages, what claim is it that you would be settling?

[michigan_man07]

i wish i wasnt still losin wages.lol ive lost so much money/wages due to this injury.i originally had a screw,2 pins,and a wire put in my ankle..then i got it all removed and my doctor released me and said everything would be normal for me in a month or so after he released me.i kept on having problems with my ankle locking up and not allowing me to be on my feet for longer than an hour.therefore i am unable to find a job or anyone that'll hire me with this limitation. ive been to 3 MD's and 2 ankle specialist and on jan 15th i had 4 screws and a plate put in my ankle because my new doc had me go get an mri and a c.t. done and it showed my bone wasnt str8 and he said that and the fact i had a rediculous amount of scart tissue in there made it so my ankle locked up.im still out of work .i get a louzy 166 a week.this isnt enough to take care of myself much less my 2 kids.my question is,if this doesnt resolve my problem,could i sue my employer,get a workers comp settlement,or what.i dont know what there is that i can do.i had to pay my grandparents $2,000.00 out of my tax money to watch my kids since i am unable to care for them when i cant walk.i called and asked my w.c. company for help on paying for my kids care since i couldnt because of my injury and they denied me.i swear its so hard to deal with this w.c. comp.
they give me 166 a week and thats all they do.they arent willing to help me one bit.im $8,000 in debt because i didnt have enough to pay my bills.it just seems to me that its so unfair for someone to not beable to sue their employer.i've lost so much money and have became so in debt because of this.if i were to try to get a settlement,that would mean they wouldnt be responsible for paying my medical bill,right?instead i'd get one lump sum and i'd be on my own?is this right? ill bet theyre just as scandalous with their settlements as they are with their payments.what should i do? is there anything i can do to get help from them to help me get out of debt?seeming as how its resulted from my injury. any help would be appreciated
thanks,
michigan_man07

[Mr. Knowitall]

If you don't have any claims which would qualify you for a settlement, the insurer won't offer a settlement. If you believe you qualify for a settlement, consider raising the subject with your adjuster or consulting a worker's compensation lawyer.

[Pro Driver#1]

michigan_man07,i happened upon your post while in search of some things regarding my own claim,so i registered so i could give you a little advice on this.I to got hurt on job last year,i injured my ankle like you,except i had torn ligaments on either side of my ankle,which had to be surgically repaired...long story short,the company had started my compensation payments,and they made sure everything was taken care of....for awhile,after awhile..my comp payment started coming late,and sometimes not at all for a couple of weeks at a time!I,like you were at my wits end,trying to get the adjuster,who was avoiding me,on the phone.That's when i realized that it wasn't ME who could get results,so i got out the yellow pages and looked up a worker's compensation attorney.My advice to you is go out and get yourself a workers comp lawyer A-S-A-P!,the insurance company is going to continue screwin around with you until you do.the comp lawyer will explain everything to you,as far as how much comp you are entitled to a week,which is roughly 90%of your average gross pay 4 weeks before the accident,and making sure you are taken care of medically.They are the ones that are going to get you to the settlement phase,this is the ONLY way im aware of..GET YOURSELF SOME LEGAL REPRESENTATION PRONTO!!!!! do not let those guys off the hook for your injuries!!!my lawyer told me that because of workers comp,you can't sue civilly,but you can get something under comp law.i might check this post for replies so that i can help with more questions if you got 'em from MY lawyers knowledge.But be forewarned,workers comp law varies by state so that's also why you should consult a lawyer who is familiar with the workers comp laws of your area.hope this helps.

[michigan_man07]

well..here i am...2 years and 2 months after my injury.my foot is still locking up like it did b-4 i had my plate and 4 screws put in.my docs having me have another mri done this week. and after he checks out the films he said he' plan on having me go to a physical therapist and get a max. coppasity exam done and he said after that i will have to talk to my claim adjuster on what my options are.im so ****en tired of all this bullshit.my foot feels just as bad as it did a year and a half ago.these workers comp insurance companys just dont want to pay you anything.i have accident fund and they are honestly the shittiest insurance company i've ever seen.i fax in my off work slips,get a verification from the fax machine and i call them and they tell me "oh we didnt receive your off work slip" even though i have the verification of it being sent. im beyond tired of this. i get a whoppin 166 a week and i have 2 kids.my marriage is goin up in flames because my wife is havin to pull all the weight,im suffering from severe depression from pain and being so broke. why do these insurance companies get away with so much. dont we have rights?