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  1. #1
    Join Date
    Apr 2005

    Default Worker's Comp Settlement

    My husband was injured at work in 2000. Tore both rotator cuff's. He was treated by workman's comp doctor - but not correctly. Tear's were not repaired. They also found at this time he had carpal tunnel and a problem with his thumb on left hand, needing the joint fused. In 2002, after receiving surgery on one shoulder, that did not take care of the problem, and carpal tunnel surgery, workman's comp cut him off. We had an attorney since 2001 on this. My husband has had surgery to correct the shoulder that was already operated on, surgery on the other shoulder, and the surgery to repair the thumb. All this was done with our insurance through his employer, not worker's comp. Before all these other surgeries were done, my husband suffered a serious bout of depression caused by the pain he was suffering. He is now BiPolar, has OCD. It has been documented by a Neuropsychologist that he has 40% loss of mental skill's and 25 % was caused by work.
    My husband was found disabled by SS in March of 2003 when he had his breakdown. He has not had any assistance from workman's comp since the first surgeries in 2001.
    They made him an offer today that seem's a little low to me considering all he has suffered. By no mean's even close to 400 week's of his weekly salary. It would only equal that of maybe two year's of work. And second injury is not anymore than what they have offered for the workman's comp settlement. Now he doesn't know what is fair or not! Help Please !

  2. #2
    Join Date
    Mar 2005

    Default Fairness of Settlement Offer

    Your best bet for determining if a settlement offer is fair is to have it reviewed by another workers' compensation lawyer practicing in the same area. That attorney should be able to review the legal issues, factual issues, and medical evidence to provide an informed opinion.

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