Hi Naomi I have a question on a separate topic when they offer you Medicare set-aside and payments over 20 years can your attorney less in those years of payments like to 10 years instead of 20
A structured settlement can be done with an MSA but also can be done without one. A structure is part of negotiation. For a negotiation, all parts have to be agreed on including the type of settlement and all terms of the settlement. Your attorney can demand no structure or half the time structured saying do this or we wont settle, BUT that can be risky. They might just say, nevermind we don't want to do C&R afterall. It is a delicate procedure. Trust your attorney on their judgement of such matters.
Oscar, Usually you see them once or twice depending on if they have found you permanent and stationary. As WC cases are valued when you have recovered the most, they will not know that until you are P&S. Also you may have a re-evaluation if it has been some time and you have not settled, like one or more years. General info, not legal advice, not representing you. Take care, Naomi
Hi! I was injured while on the job - rear ended by a drunk driver. I'm heading towards P&S. My question: I have a WC case and a 3rd party case. Wouldn't it be in my best interest to only go for a 3rd party case & not get $ from WC? I figure if they can just take that money back, why even go for that? My 3rd party case will be worth much more and WHY would WC get any of that? PLEASEEE do a video on this!
Tori, Most people in your situation will want to file a work comp claim because you can get benefits faster than PI. Also keep in mind the recoveries can be more than work comp because of pain and suffering but you also have to pay higher attorney fees up to 40% and pay your doctor bills out of your settlement. You are better off filing both and maximizing your work comp money because attorney fees are only 15% so you keep much more of it. You can also get treatment paid in work comp and wage replacement checks along the way. Most people can't wait until the lawsuit ends to get wage replacement if they are too injured to work. You can also choose a stipulation settlement so you can keep your future medical open in work comp and settle out future medical for the third party. I have attorney referrals for attorneys that can handle both work comp and personal injury together. Hope this helps, Naomi
@@GonzalezLawEmpower Hmmm interesting I keep seeing this 15% - my WC lawyer is charging 30 or 33% (forgot which one). I'm a cop so I haven't had any lost wages, I've had the 4850 benefit. All Doctor visits were paid for through WC. I'm not looking for a fast payout, rather a large one. The driver was fully insured and pled guilty to the DUI. If I'm being screwed over by this percentage then I'd like to explore other options...but he does not charge me per hour when I have questions, rather its just a lump sum. He was suggested to me through another guy I work with. Now I'm more confused. Thank you so much for your help.
@@GonzalezLawEmpower I'm sorry, I just looked at the paperwork! My WC will charge 15-20% depending on work done. It's the 3rd party lawyer who is charging 30%.
Hello i have a question why do you think my lawyer doesn’t want me to see a qme doctor yet? I been on worker’s comp for 21 months already do to herniated disk…
Hi Oscar, I of course can only guess as I don't know anything about your case. If your case is accepted already for all claims parts and you are still treating, then they probably want to wait on the QME. You don't need a causation report and you chance the QME making you permanent and stationary which would end your TTD benefits if you were receiving them. No benefit for the risk. Plus if they don't make you P&S then you will have to see him again when you are at the end of the case. You probably don't want to wait on QME if you need a causation report. General info, not legal advice, not representing you Hope this helps, Naomi
So, I'm told from my Lawyer that my hearings keep getting OTOC by the defense of lawyer because She hasn’t received her subpoenas for payment records from EDD / SDI, & a few Company short jobs I worked in my Union after my injury. I only worked because the Insurance that I’m going against keeps denying my claim, & the doctor that I was able to find to finally treat me, okayed me to get back to work after my 1st Cortizone shot & acouple of months of PT, which helped, but didn't fix the injury itself. Here are all the hearings, in order, that keep getting OTOC for the last 6 months now. *HEARING DISPOSITION: OTOC- 4/21/22 *INTERIM ORDER: TAKING OFF CALENDAR (OTOC) 4/21/22 *PETITION: DOR FILED - EXPEDITED TRIAL - 4/01/22 *HEARING DISPOSITION: OTOC- 3/08/22 *INTERIM ORDER: TAKING OFF CALENDAR (OTOC) - 3/08/22 PETITION- DOR EILED - EXPEDITED TRIAL *HEARING DISPOSITION: OTOC- 12/14/22 *INTERIM ORDER: TAKING OFF CALENDAR (OTOC) - 12/14/22 (Long story short after the 1st Cortizone shot wore off, I finally get a QME appointment, which he states in the report exactly what the first 2 docs state.. *“Left lateral epicondylitis Entrapment of left ulnar nerve at elbow Chronic pain of left elbow- That this is a work related injury- and I do need further treatment besides Cortizone shot. He recommends a PRP shot and then after if that doesn’t work surgery*) Shortly after I go to my lawyers doc & explain my arm was hurting and getting weak again, he explained that since the claim hasn’t been excepted, he can only give me a 2nd Courtesan shot and a bunch of pain meds to get me by. So I do so, and try to work through as long as I could to get caught up in bills from going through this Covid slow down mess, while my lawyer is batting for me, and fighting against the insurance to get them to follow the QME report) I get a easy light duty gig for my last job assignment through my Union where I don’t have too use my injured arm much to keep working, but The 2nd Cortizone shot completely wares off around 11/21, My arm is hurting & weak once again, so I get taking off of work once again from my lawyers doc. I inform my lawyer about everything.. he tells me that he will get the claim accepted, he will get the the insurance to follow through the QME Report & get next treatment to actually “fix” my arm, and he will get this case settled. He gets a verbal agreement from them and claims that she is unable to cooperate with him because she hasn’t received her subpoenas for the past 6 MONTHS! I ran out of State disability about 2 1/2 - 3 months ago, Which is my only source of income. I dried out my savings & now trying to find a job that will except me to work for them with a open comp case claim, and not being able to use my left arm (Doctors orders). It’s been really difficult. How do I go about this, or what do I do!?!?!? How can I find out that it’s really true on what he stating about the subpoena stuff holding us back, & is he really actually doing everything he can do?
Wow Agustin, that is a lot of information. From what you are saying, it sounds like your attorney is stuck in the gather your evidence step. It is timestamp 5:44 on the following video. Fighting Your Denial Video th-cam.com/video/xb41U-OMNG0/w-d-xo.html It sounds like the missing records have some sort of prior injury or condition which would put doubt on your elbow injury or other injury being from work. If so, that is why they need the doctor's reports need to have reviewed the new records for those reports to have been considered substantial medical evidence. If your attorney would move forward to AOE/COE trial now, you might lose everything, the whole case. Being that you already used up your EDD disability, you are definitely between a rock and a hard place. (1) it is time to ask the judge to do an order to compel the document production of the subpoena (2) Reality paying bills wise, you need to start working. Ask your lien doctor to give you restrictions as lenient as your body can realistically handle. If your union can place you, fine, work. If not, look for temporary work elsewhere like Uber or Uber Eats etc, greeter at Walmart, whatever you can find within your restrictions. I realize these jobs may not be what your career is, but big picture, it is only temporary to let you pay your bills until your attorney can get your claim accepted and TTD benefits start. Your attorney can try for retroactive TTD benefits for the time you are not working but written off work or restrictions your job could not accommodate while your case was denied. It may effect your case, but you have to do what you have to do anyway. (3) Consider trying massage therapy. First see if your lien dr can refer or if not, go on your own. I know some people that have had good results for elbows and wrists through massage therapy. Not the cucumber relaxation places, but real good massage therapists for injury. One that specializes in sports massage with deep tissue and stretching. They hurt like heck but can help. Hope this helps, Naomi
Thank you for your question SZ, People do sometimes do what's called self procured medical treatment. It is considered going rogue. Your WC dr will look at diagnostic testing and medical reports self procured to make their reports but you should not expect to be compensated for the cost. If your doctor will see you, then go. Most doctors/ insurance co won't treat an active work comp injury because they want your employer to pay. Check with yours though and see. Good luck, Naomi
@@SZ-uw3sy It should not lower the value unless their dx tests or evals show less injury than you are claiming. You just would not get reimbursed in a settlement.
Another great video thank you. I actually went through this takes a long time to get approved I just had surgery 7 weeks ago now they just approved 12 sessions of physical therapy. How do I know if my case is almost done?
Thank you for your question Edward, You are not going to like this but depending on how the surgery went and the type of surgery, doctors usually wait 6 months to a year to make you permanent and stationary. For more on timeline, check out these two videos. How Long th-cam.com/video/bqto_WqVFhQ/w-d-xo.html WC lifespan th-cam.com/video/z6zFRYM0R4g/w-d-xo.html Hope this helps, Naomi
@@edwardkareem6446 You can try to not add more time by scheduling your QME eval or re-eval NOW for 5.5 months after surgery. They may be ready to write you a final report you can settle on. You will still need to wait for the report, do settlement negotiations, then finalize settlement before you are done though.
@@GonzalezLawEmpower I'm going to try to do that I'm always texting and emailing my lawyer but he always sending me to his paralegals I see that you have a 909 area code he's also has a 909 area code I believe he is in Newport Beach California
Hi Naomi I have a question on a separate topic when they offer you Medicare set-aside and payments over 20 years can your attorney less in those years of payments like to 10 years instead of 20
A structured settlement can be done with an MSA but also can be done without one. A structure is part of negotiation. For a negotiation, all parts have to be agreed on including the type of settlement and all terms of the settlement. Your attorney can demand no structure or half the time structured saying do this or we wont settle, BUT that can be risky. They might just say, nevermind we don't want to do C&R afterall. It is a delicate procedure. Trust your attorney on their judgement of such matters.
Hello how many times during workers comp case do i have to see a QME doctor to calculate the value of permanent disability? Thanks in advance
Oscar,
Usually you see them once or twice depending on if they have found you permanent and stationary. As WC cases are valued when you have recovered the most, they will not know that until you are P&S. Also you may have a re-evaluation if it has been some time and you have not settled, like one or more years.
General info, not legal advice, not representing you.
Take care,
Naomi
Hi! I was injured while on the job - rear ended by a drunk driver. I'm heading towards P&S. My question: I have a WC case and a 3rd party case. Wouldn't it be in my best interest to only go for a 3rd party case & not get $ from WC? I figure if they can just take that money back, why even go for that? My 3rd party case will be worth much more and WHY would WC get any of that? PLEASEEE do a video on this!
Tori,
Most people in your situation will want to file a work comp claim because you can get benefits faster than PI. Also keep in mind the recoveries can be more than work comp because of pain and suffering but you also have to pay higher attorney fees up to 40% and pay your doctor bills out of your settlement.
You are better off filing both and maximizing your work comp money because attorney fees are only 15% so you keep much more of it.
You can also get treatment paid in work comp and wage replacement checks along the way. Most people can't wait until the lawsuit ends to get wage replacement if they are too injured to work.
You can also choose a stipulation settlement so you can keep your future medical open in work comp and settle out future medical for the third party.
I have attorney referrals for attorneys that can handle both work comp and personal injury together.
Hope this helps,
Naomi
@@GonzalezLawEmpower Hmmm interesting I keep seeing this 15% - my WC lawyer is charging 30 or 33% (forgot which one). I'm a cop so I haven't had any lost wages, I've had the 4850 benefit. All Doctor visits were paid for through WC. I'm not looking for a fast payout, rather a large one. The driver was fully insured and pled guilty to the DUI.
If I'm being screwed over by this percentage then I'd like to explore other options...but he does not charge me per hour when I have questions, rather its just a lump sum. He was suggested to me through another guy I work with. Now I'm more confused.
Thank you so much for your help.
@@abortionkills911 You are not in California?
@@GonzalezLawEmpower Yes I'm in Cali
@@GonzalezLawEmpower I'm sorry, I just looked at the paperwork! My WC will charge 15-20% depending on work done. It's the 3rd party lawyer who is charging 30%.
Hello i have a question why do you think my lawyer doesn’t want me to see a qme doctor yet? I been on worker’s comp for 21 months already do to herniated disk…
Hi Oscar,
I of course can only guess as I don't know anything about your case. If your case is accepted already for all claims parts and you are still treating, then they probably want to wait on the QME.
You don't need a causation report and you chance the QME making you permanent and stationary which would end your TTD benefits if you were receiving them.
No benefit for the risk. Plus if they don't make you P&S then you will have to see him again when you are at the end of the case.
You probably don't want to wait on QME if you need a causation report.
General info, not legal advice, not representing you
Hope this helps,
Naomi
Thanks
So, I'm told from my Lawyer that my hearings keep getting OTOC by the defense of lawyer because She hasn’t received her subpoenas for payment records from EDD / SDI, & a few Company short jobs I worked in my Union after my injury. I only worked because the Insurance that I’m going against keeps denying my claim, & the doctor that I was able to find to finally treat me, okayed me to get back to work after my 1st Cortizone shot & acouple of months of PT, which helped, but didn't fix the injury itself.
Here are all the hearings, in order, that keep getting OTOC for the last 6 months now.
*HEARING DISPOSITION: OTOC-
4/21/22
*INTERIM ORDER: TAKING OFF
CALENDAR (OTOC) 4/21/22
*PETITION: DOR FILED - EXPEDITED
TRIAL - 4/01/22
*HEARING DISPOSITION: OTOC-
3/08/22
*INTERIM ORDER: TAKING OFF
CALENDAR (OTOC) - 3/08/22
PETITION- DOR EILED - EXPEDITED
TRIAL
*HEARING DISPOSITION: OTOC-
12/14/22
*INTERIM ORDER: TAKING OFF
CALENDAR (OTOC) - 12/14/22
(Long story short after the 1st Cortizone shot wore off, I finally get a QME appointment, which he states in the report exactly what the first 2 docs state..
*“Left lateral epicondylitis Entrapment of left ulnar nerve at elbow Chronic pain of left elbow- That this is a work related injury- and I do need further treatment besides Cortizone shot. He recommends a PRP shot and then after if that doesn’t work surgery*)
Shortly after I go to my lawyers doc & explain my arm was hurting and getting weak again, he explained that since the claim hasn’t been excepted, he can only give me a 2nd Courtesan shot and a bunch of pain meds to get me by. So I do so, and try to work through as long as I could to get caught up in bills from going through this Covid slow down mess, while my lawyer is batting for me, and fighting against the insurance to get them to follow the QME report)
I get a easy light duty gig for my last job assignment through my Union where I don’t have too use my injured arm much to keep working, but The 2nd Cortizone shot completely wares off around 11/21, My arm is hurting & weak once again, so I get taking off of work once again from my lawyers doc. I inform my lawyer about everything.. he tells me that he will get the claim accepted, he will get the the insurance to follow through the QME Report & get next treatment to actually “fix” my arm, and he will get this case settled. He gets a verbal agreement from them and claims that she is unable to cooperate with him because she hasn’t received her subpoenas for the past 6 MONTHS!
I ran out of State disability about 2 1/2 - 3 months ago, Which is my only source of income. I dried out my savings & now trying to find a job that will except me to work for them with a open comp case claim, and not being able to use my left arm (Doctors orders). It’s been really difficult.
How do I go about this, or what do I do!?!?!?
How can I find out that it’s really true on what he stating about the subpoena stuff holding us back, & is he really actually doing everything he can do?
Wow Agustin, that is a lot of information.
From what you are saying, it sounds like your attorney is stuck in the gather your evidence step. It is timestamp 5:44 on the following video.
Fighting Your Denial Video
th-cam.com/video/xb41U-OMNG0/w-d-xo.html
It sounds like the missing records have some sort of prior injury or condition which would put doubt on your elbow injury or other injury being from work. If so, that is why they need the doctor's reports need to have reviewed the new records for those reports to have been considered substantial medical evidence. If your attorney would move forward to AOE/COE trial now, you might lose everything, the whole case.
Being that you already used up your EDD disability, you are definitely between a rock and a hard place.
(1) it is time to ask the judge to do an order to compel the document production of the subpoena
(2) Reality paying bills wise, you need to start working. Ask your lien doctor to give you restrictions as lenient as your body can realistically handle. If your union can place you, fine, work. If not, look for temporary work elsewhere like Uber or Uber Eats etc, greeter at Walmart, whatever you can find within your restrictions. I realize these jobs may not be what your career is, but big picture, it is only temporary to let you pay your bills until your attorney can get your claim accepted and TTD benefits start. Your attorney can try for retroactive TTD benefits for the time you are not working but written off work or restrictions your job could not accommodate while your case was denied. It may effect your case, but you have to do what you have to do anyway.
(3) Consider trying massage therapy. First see if your lien dr can refer or if not, go on your own. I know some people that have had good results for elbows and wrists through massage therapy. Not the cucumber relaxation places, but real good massage therapists for injury. One that specializes in sports massage with deep tissue and stretching. They hurt like heck but can help.
Hope this helps,
Naomi
Can i see my personal doctor since work comp is taking forever? Its been months and i still cannot walk without crutches.
Thank you for your question SZ,
People do sometimes do what's called self procured medical treatment. It is considered going rogue. Your WC dr will look at diagnostic testing and medical reports self procured to make their reports but you should not expect to be compensated for the cost.
If your doctor will see you, then go. Most doctors/ insurance co won't treat an active work comp injury because they want your employer to pay.
Check with yours though and see.
Good luck,
Naomi
@@GonzalezLawEmpower thank you for your response! If i do self procured medical treatment before c&r, would it affect if i eventually take c&r?
@@SZ-uw3sy It should not lower the value unless their dx tests or evals show less injury than you are claiming. You just would not get reimbursed in a settlement.
Another great video thank you. I actually went through this takes a long time to get approved I just had surgery 7 weeks ago now they just approved 12 sessions of physical therapy. How do I know if my case is almost done?
Thank you for your question Edward,
You are not going to like this but depending on how the surgery went and the type of surgery, doctors usually wait 6 months to a year to make you permanent and stationary.
For more on timeline, check out these two videos.
How Long
th-cam.com/video/bqto_WqVFhQ/w-d-xo.html
WC lifespan
th-cam.com/video/z6zFRYM0R4g/w-d-xo.html
Hope this helps,
Naomi
@@GonzalezLawEmpower ,😭 no that's a long time I just had a lumbar laminectomy done 7 weeks ago
@@edwardkareem6446 You can try to not add more time by scheduling your QME eval or re-eval NOW for 5.5 months after surgery. They may be ready to write you a final report you can settle on. You will still need to wait for the report, do settlement negotiations, then finalize settlement before you are done though.
@@GonzalezLawEmpower I'm going to try to do that I'm always texting and emailing my lawyer but he always sending me to his paralegals I see that you have a 909 area code he's also has a 909 area code I believe he is in Newport Beach California