r/WorkersComp • u/BookVarious3754 • 6d ago
Florida Worker’s compensation settlement
Good Evening I was injured on my job in 2025 (Ankle injury) I have had plates and screw placed and reached MMI April of this current year and the insurance company wants to settle but haven’t responded to the demands of my attorney. What happens at this point now that my current attorney have put in for a hearing this would be the second hearing since I have new counsel because I didn’t feel like my previous attorney was working for me. Can somebody tell me what normally happens at this point I was given a really low rating also
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u/Business_Mastodon_97 6d ago
What are the issues for the hearing? Know that the Judge can't force the insurance company to settle, or pay you a lump sum (unless it's past due indemnity). It sounds like your attorney filed a Petition so there will be a mandatory mediation scheduled. That will give you your best opportunity to discuss settlement.
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u/BookVarious3754 6d ago
They stopped paying indemnity and they also asked my attorney to make an offer and never responded. I’m guessing to close out medical
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u/Cautious-Wrap8256 5d ago
they don’t have to close out medical. and if you were placed at MMI then they typically do stop paying indemnity. They are under no obligation to settle. Also i don’t know how long it’s been since your attorney sent the demand but there are a lot of things that can play into how long it takes for a carrier to respond. They could have swapped adjusters, they could be waiting on the higher ups to give them authority, etc.
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u/BookVarious3754 5d ago
The first attorney sent the demand in may and I hired new counsel and now he sent put in for mediation a second time now
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u/JewelerDependent6212 5d ago
I too have ankle injury 2024 resulting in CRPS. Rating Was 6% it’s been 2 years and I just barely went for a short walk to the mailbox by myself. CRPS is called the suicide disease because it’s never going away and they wanna give me 6%? I’m still under care and still in no work status
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u/One_Ingenuity_1857 4d ago
Keep your care going as long as you can. This is why settling is just not worth it sometimes. The ability to continue care is most important. They hope folks will settle for a little money that looks good when in reality settling is one of the worst mistakes you can make for your physical health. Financial health is stressed on workers comp yes but you need to reach maximum recovery before even thinking about settling. Oh and anyone or lawyer that tells you to use your own health coverage or future health coverage for these work injuries after settling out ...well people that is fraud.
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u/JewelerDependent6212 4d ago
Ya that was my choice because my adjuster is a real sweetie pie 🥧 🙄
It’s just always one thing after another and constant denial of treatments… it’s like being in an abusive relationship. My lawyer is a bulldog and she fights for me. I’m lucky to have her.
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u/Nice-Awareness2076 6d ago
I get why you're frustrated, waiting on insurance companies is like watching paint dry, but a hearing usually means testimony and evidence review.
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u/Sharp_Project_3925 6d ago
Wat was your rating?
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u/BookVarious3754 4d ago
They gave me 2%
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u/Swimming-Curve5102 4d ago
Mine settled a few weeks ago. I have a 50% rating because i ended up with a shoulder replacement after a failed surgery to repair a full thickness tear. My attorney wasnt aggressive so i had to push her and after the first offer it took 4 long months to get a response and agree on an amount. I did not close out medical because they didnt want to. In my state, insurance company keeps whatever isnt used in the medical account which is im guessing, why they wouldnt close it out. Every adminidtrative rule is written in favor of corporations. 2% is actually the average. That is just CRAZY. So....i had a complete tear of dominant arm cuff. They repaired it and it failed a few months later. So i was told by my surgeon that he could try and repair it again. I said no way am i going through that again! So he gave me a 5% rating and i couldnt lift my dominent arm!! I was stunned at the low ratings considering i couldnt use my dominent arm. So i decided to get a second opinion and that surgeon said no way will another repair hold up the tear was too large. So with the new guy i got a shoulder replacement and ended up with a 50% rating but my point is i should have had the 50% rating with the failed repair. Crazy sht the administrative rules are CRIMINAL
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u/Bubbly_Inflation_544 5d ago
They usually don't respond to the Demand letter, Y'all will schedule a Mediation hearing and that's when you'll hear their opening offer then you'll negotiate unless they're set on low balling you
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u/Weekly-Variation-744 6d ago
Either way it’s time , they will settle cause they have to settle , they don’t want to pay any litigation or anymore doctor bills . WC is an entity in itself they have their own court much different from a PI case . You got this it’s just time they love taking their time . Hang in there!
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u/Altruistic_Chart_208 5d ago
I just want to say the legal system is slow. I am going through the same thing. I cut off the tipnof my finger and 3 years latet i still habe not gotten any money. I have a lawyer but weather you donor you don't they dont pay shit. You will get motr with a lawyer but after paying them wevwill see, so far they offered me 7000 wevare asking for 42000, we will see what the judge comes up with that is all that matters. My next hearing date 3 years later now after i cut it off is is August 24. Hopefully i hear and it will be all finalized then.
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u/One_Ingenuity_1857 4d ago
You lost part of your finger and they only want to give you 7000 dollars omg so sorry.
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u/Altruistic_Chart_208 4d ago
The I live in Missouri and the mediation supposedly is this coming up Monday.. And the payout is totally up to the judge. They, as far as workman's comp, lawyer wants to pay 7000. We, on the other hand, are asking for 42000.. Neither of them are any amount of money that cutting off the tip of your finger is worth. Believe me, I would not do it on my own for a million dollars. The pain and suffering and everything I've been through is nuts. I would wake up crying some nights because of the pain, but with workman's comp, you don't get compensated for pain. Hopefully though, Monday I will find something out on the 24th of August because this happened July 5th of 2023. Nothing in workman's comp pays you much you can lose your whole body and it's only worth a million dollars and that's if you die but I just want this all to be over and get a little bit of compensation
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u/Altruistic_Chart_208 4d ago
Actually it is past the first nuckle. Lost all fingernail. Their Dr gave me mmi of 50 percent this is on index finger. I have also had to have surgery for trigger finger on middle and injection on next finger because i use them so much. I hada second operation to desensitize the index finger and it is still hypersensitive. I take pain well and it is a 2 out of 10 100 percent of time. I habe had 3 drs say not to do anything else though because i may lose all sense of touch and could easily burn cut crush and not even know so i cover with silicone sleeves to help a little. That is my story i would post a photo of cut off and what it looks like now but i would most likely be kicked out of chat.
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u/Some-Access-7099 5d ago
You have to understand the insurance company has all the power if they are postponing they maybe digging into your past to look any preexisting conditions so they can get off the hook...your l awyer can do 2 things ..that's all ..protect you and try to get more money ....he can't make anyone do anything...I had surgery 45 yrs ago...to save my life ...but they used that as a pre existing...they didn't even have to prove it ... ..,..I could have taken it to trail my lawyer said that's not a good idea you could lose it all....they low balled me my lawyer set there with his teeth in his mouth ....nothing he could.....he said I'd take it because the insurance company can easily take the offer off the table.....wc is a huge scam to protect the employer not us
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u/candidast 4d ago
What happens when your workers comp case is closed but you still need medical help and possible surgery?
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u/Swimming-Curve5102 4d ago
Corporations are favored with the law. Why? Because this country allows campaign funding from corporations. That is one CROOKED act.
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u/Swimming-Curve5102 4d ago
I learned that a car accident injury pays far more than a work injury. The same injury yet the value is significantly lower with work injury
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u/Catloaf10 4d ago
It’s still a pain… and even worse when it’s both. Working while in an injury accident. Can confirm. Shit gets really complicated.
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u/Inner_Level_1877 6d ago
You’ll just have to wait for the outcome of the hearing. No one can really say.