Doris Said:

Workman's Comp Denied?

We Answered:

her issues are with the insurance company, Wal-Mart did NOT injure her...
actually they invest extensively on training in proper lifting, walking, carrying, floor cleaning, etcetera to help in preventing any/all injuries...

the states workers compensation commission will assist her........
she needs to contact them first and then an attorney if need be.
this is a list of the state's WCC:
http://www.dol.gov/owcp/dfec/regs/compli…

due to the changes to WC laws over the past 10 years attorneys are seldom ever needed anymore......
the rare occasions when they are needed generally involve insurance carriers who contest the injury or the plan of treatment...... such as in this case.

Kelly Said:

Is this a reasonable amount for an insurance settlement? Added info...long but please read.?

We Answered:

A bodily injury claim can include all sorts of intangible factors of the accident. If a person driving a vehicle caused injury to you and because of his negligence you have sustained physical injury and mental distress, you have claim for both. Body injury includes "pain and suffering" This definition allows you as the "injured" party to file claim for the other person's wrongdoing.

The settlement that you are stating is low based on your circumstances. I would argue that you have a good case to pursue higher amounts. Make sure that when you are negotiating with the other insurance company, they understand that you want to talk about BI only. Don't let them go through the whole deal of stating the amount they pay is for medical bills, ER visits, etc. This should all be paid for you insurance company under PIP or MPC. This is not a negotiating item, this is "special damages". That is owed by your company to pay for you. Your company will then go to bat for you and recover this money. The "general damages" is what you are seeking. These are the intagibles, "pain and suffering". Remember to negotiate these damages direct and make sure that the other companys settlement offer is for these damages because you can almost assume that the other company will pay for your special damages direct to your company.

Based on your facts of what happened, an $8k settlement for BI excluding special damages appears to be fair.

However, you need to ask yourself, based on your diagnosis, what is best for you to do. These claims are very stressful and can cause more emotional stress than what you need right now. If this is the case, I would suggest hiring an attorney to resolve this for you fairly, that way you can, to some degree, back out of it, and allow your attorney to handle the negotiations. This may be worth the 30% payoff to him. Keep in mind that your attorney will only receive this amount which will be deducted from the settlement of the other insurance company. I handled auto claims for 6 years. I know what kind of stress a person goes through when this type of tradegy strikes. Hopefully, these comments can help you better resolve your claim.

Good luck.

Christopher Said:

Femoral neck stress fracture.?

We Answered:

I think it is sciatic pain, and I think it is due to your spondylolisthesis.

Norma Said:

Pain in wrist/hand but doctor's don't know?

We Answered:

This sounds like what my mom has. She is a computer programmer and she is a little to dedicated to her job, and whenever she was working, she would set her elbow on the table for hours at a time. Afterwards, whenever she hit her elbow on something, her whole arm would sting as if she had been electrocuted. You might have some kind of nerve damage. Ask your doctor if that might have occurred.