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Don't Get Screwed On Your Workers Comp Claim - Part Nine

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By charm_baker



This Is PART NINE IN THE SERIES

HOW AND WHEN TO REQUEST A LUMP SUM

It's hard to believe that while this is the single piece of information that could have helped me in my case the most, this is the information my attorney with held from me. That is why I want to emphasize to anyone that is reading this material, assert your rights. If you find yourself in a financial bind (as is very likely), you can insist that your attorney (if you have one), discuss the specifics of requesting an advance payment against your settlement.

If money is advanced to you, keep in mind, it will be deducted from your settlement amount. Even though it will reduce your settlement, receiving a lump sum can mean the difference in you being able to take care of your family while you wait for your claim to finally be over.

KNOWLEDGE: SAVE IT - PASS IT ON - OR BOTH!

PLEASE NOTE: The information you are about to read is contained in a ten part article series. Those who have an existing claim or pending claim in the making will benefit greatly from "Don't Get Screwed On Your Worker's comp Claim", not only from one individual part, but by reading the entire series. Each segment is designed to provide the needed workers compensation information for that particular topic, but it also flows right into the next portion of the information, so you can get the full gist of what is being conveyed.

[LINKS BELOW]
1. Introduction To Worker's Compensation Guide
[LINKS BELOW]
2. Deciding Whether Or Not To File A Claim
3. Knowing The Worker's Compensation Basics
4. How To Keep Your Records In Good Order
5. Things The Insurance Company Is Required To Do
6. An Important Stage Of The Claims Process
7. What To Watch For In Your Documentation
8. Types Of Benefits You'll Receive And When
9. How And When To Request A Lump Sum
10. Seeing Your Case Through To The End


Don't Get Screwed On Your Workers Comp Claim - Know When to Request A Lump Sum
Don't Get Screwed On Your Workers Comp Claim - Know When to Request A Lump Sum

HOW AND WHEN TO REQUEST A LUMP SUM

Just because you have an attorney who is in a position to help you get a lump sum on your permanent disability doesn't mean he or she will. My attorney chose not to let me know that I could request a lump sum, even though I constantly complained about my financial troubles. Whether you are represented or not, if you are not offered a lump sum for payment of your permanent disability benefits, you can request one. This can be done after your condition has been determined as P&S.

If you can show that you are in financial straits, which you probably will be by this stage of your claim, you can request a lump sum due to financial hardship. In California, you simply need to submit a Petition for Commutation of Future Payments form, along with copies of your recent bills. If you are in another state, ask your attorney or check with your local workers compensation agency to get the proper form.

If the lump sum check you are given is not your full amount of PD, once again keep in mind, any permanent disability benefits you receive during the claim process will be deducted from your settlement award at the end of the claim.

SPECIAL NOTE: More recently, with the proliferation of work related injuries and the slow pace of the court system, various type of loan services have popped up. These companies offer loans against pending workers compensation (and other ) claims. Commercials with actors portraiting injured workers shout out "It's my money and I want it now!" The proclamation seems to summarize how real injured workers feel about the unnecessarily slow claims process.

Employees who have been hurt on the job often lose their utility services, cars and even homes due to waiting for pending workers compensation or disability checks. While these different loan agencies may seem to provide a viable solution, anyone who is considering using one should check the company out thoroughly before deciding to transact any business with them. Also keep in mind, any excessive interest rate or fees that may be required.

Do some comparative shopping and see what rates and fees others have.. There's more than one loan service company out there. Remember, just like if you were to get a lump sum advancement, if you use a private loan company, you will be paying them back out of your settlement amount. Don't let yourself end up so in debt, that by the time your claim settles, you are left with nothing. That will be very heart breaking. Only borrow what you really need, against your pending settlement.


Be Prepared For Court Proceediings
Be Prepared For Court Proceediings

Two Different Types of Court Proceedings

Since you will receive many legal documents and appointments related to your worker's compensation claim, it is important to understand the status of your case at any given point. If you have an appointment for a Status Conference, chances are the only person you'll actually speak to is your attorney. This will probably be done in a crowded room or hallway containing countless other lawyers and their clients. Your attorney will usually meet with you after he has talked to the opposing attorney (on the phone). He’ll let you know what the two of them have negotiated and try to get your approval. This can be very frustrating because you only get one side of the conversation. You may very well end up leaving this meeting feeling as if it were a big waste of time. The only difference in this conference and the Mandatory Settlement Conference (MSC) is the fact that, at the MSC, something is supposed to be resolved. If these conferences don't result in a resolution, a hearing is usually scheduled. This is when you'll actually be able to have a judge hear your case.

If you're not content with the outcome of either of these conferences, make sure to inform your attorney (if you have one), and don't sign anything agreeing to something you don't approve of. If you're not clear about something, ask questions and make sure you understand the answers before you agree to sign anything.

If the court makes a decision that you're not in agreement with, make sure you find out the proper method of appeal and any related deadlines. If you are representing yourself, be sure you know which form to use in filing any appeals. If you are a California resident you can get information and forms from the Information Assistance Unit or the DWC web site.

California Division of Workers' Compensation

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Workers' Compensation Appeals Board

320 West Fourth Street 9th Floor

Los Angeles, CA90013

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Information Assistance Unit

http://www.dir.ca.gov/dwc/IandA.html

Los Angeles, CA

(213) 576-7335


Finally The Light At The End Of The Tunnel
Finally The Light At The End Of The Tunnel

About Settling Your Claim

When you get to the final stages and there is a lot of talk about settling your claim, you will finally start to see the light at the end of the tunnel. Hopefully things have gone well, and you're on the verge of being awarded. Whether your claim goes relatively smoothly and you settle it quickly, or whether it drags on with no end in sight, before you sign anything to settle it, make sure you know exactly what you're getting. If you are owed penalties make sure that information is stated. If you have multiple diagnosis, make sure they are addressed and compensated for. If you are entitled to future medical, make sure it is indicated. Once you sign an agreement to settle your claim, it will be difficult to make changes or argue any disputes afterwards. Be sure that everything has been considered so that you don't get screwed on your worker's compensation claim.


Other Articles In This 10 Part "WC Claims" Series

WORKERS COMPENSATION / HEALTH CARE NEWS

  • Cypress Care Receives URAC Workers’ Compensation Pharmacy AccreditationPRWeb2 days ago

    Healthcare Solutions (http://www.healthcaresolutions.com), the parent company of Cypress Care (http://www.cypresscare.com), announced today that it has received a certificate of full accreditation from URAC for compliance with the workers’ compensation and property and casualty pharmacy benefit management accreditation program. The ...

  • Insurance scheme plan for disabledThe Age4 days ago

    The Federal Government is considering introducing a Medicare-style national insurance scheme to provide lifetime medical treatment and care for people with serious disabilities such as brain damage or spinal cord injuries.

  • Insurance industry must share blame for health care costsDaily Record5 days ago

    In his Nov. 15 column, "Insurers not to blame for health care costs," William Marino, president and CEO of Horizon Blue Cross Blue Shield of New Jersey, asserts that effective health care reform must bring down rising health care costs.

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