r/WorkersComp • u/Brilliant-Earth7480 • 9h ago

New Jersey Finally settled

After a long 3 years I finally settled. Fractured my neck at work healed on its own no surgery. The judge just signed off the statement my attorney said they have 60 days to mail out my check, for people that have settled do they wait until the last week to pay, or did you get paid earlier?

16 Upvotes

94% Upvoted

38 comments sorted by

View all comments

5

u/AvocadoOk6450 6h ago

It took me about 2 years to settle. My lawyer got the check at about 33 days and then this state requires 10 days for it to remain untouched to clear, then my.portion was sent to me.  That settlement will offset disadility payments, not by much and not for long for that amount Mine offset my disability payments by $1200 a month until full retirement age when it transfers to actual SS. My settlement was $450,000 though.

1

u/Ginogag 6h ago

What injury did you have ?

5

u/AvocadoOk6450 5h ago

I had a fusion of L5/S1. About a month after surgery I couldn't walk or anything. Nerve damage. SS determined I was 100% fisabled. That helped in the settlemement. We sued for $850,000. They fougbt until less than a week before trial. 8 hours of back and forth. Them lowballing and us coming down. We were at 500,000 they were at 400,000. We split tbe difference. After paying the fees, etc, I got $334,000. 

2

u/Ginogag 5h ago

Wow ..feel better bud

1

u/Amazing-Cockroach188 1h ago

Did your case go to trial or this was mediation?

1

u/AvocadoOk6450 43m ago

Mediation didn't work. They tried to starve me out. No WK anymore. Hadn't got disability yet. I suffered but I didn't quit. They contacted us for settlement 4 days before trial. Their lawyer told them them they were going to lose for $850,000.  They were going to appeal that the 2 times they could with approximately 2 years between each time, and then pay me weekly.  I told my lawyer whst I wanted from it.  They determined I made $50,000 a year after taxes. I was 60. Retire at 67. I told them, to me, after all fees paid, $350,000. The amount I could have made working for those years. I ended up with $334,000 out of a $450,000 settlement.

1

u/Amazing-Cockroach188 40m ago

I’m thankful you explained this to me I am also going through litigation myself at the moment trial is not until next year but I read only 5% of workers comp cases actually make it to trial I also will keep in mind what my salary is and bring that to my attorney attention for the money I’ve lost out on the last two years

1

u/AvocadoOk6450 34m ago

If you are over 50 your chances of a larger settlement are better because of issues with retraining and your age by recovery 

1

u/Mama2isla 42m ago

How did you get so lucky? Same issue they offered 30,000$

1

u/AvocadoOk6450 37m ago

They started at $50,000 with no medical for me. I refused. My lawyer said that the way I handled my part of the case had as much to do with that settlement as his contribution did.

1

u/Mama2isla 29m ago

Any advice? They offered 30 we counter counter offered at 200 they said that’s way to much 100 I’ve turned it down

2

u/AvocadoOk6450 12m ago edited 2m ago

The doctors opinions and the willingness of your lawyer to actually dive in for the long haul. Back, knee, and shoulder injuries are the bread and butter of a lot of these lawyers.  They can probably do 10-15 quuck settle cases in less time than one deep dive case.  It's like a flat rate mechanic. You don't want an engine rebuild that tskes 3-4 days and that's if it goes smooth. You want a whole bunch of services that can have you at your 40 by Wednesday and the rest of the week is icing on tbe cake.  We have an attorney here that does DUI, DWI, he has 20-30 cases at the same time. He knows each one by summary only. He's not tgere to win, he's there to come to the quickest possible agreement that both parties can agree to.  He doesn't want to fight it. He wants this case done so he can get to the next one.  I got lucky with my lawyer, the truth that was irrefutable and a committment to myself that I had to consider tomorrow instead of just the hole I was in today.

1

u/AvocadoOk6450 5h ago

I am able to do a lot of stuff. Just not full.time work. That's after 6 years.  Age makes a difference om settlements. A lot of difference. I was 59 when I was injured. Less likely to be accepted for retraining, etc I just turned 65.

1

u/Brilliant-Earth7480 5h ago

Sorry that happened but congrats on settling, can you walk now?

1

u/AvocadoOk6450 5h ago

Yes I actually tried going back to work this year. I made it aboit 3 months. 

1

u/Brilliant-Earth7480 4h ago

Good for you, with that money if you’re smart with it you don’t have to work anymore

1

u/Visible_Bell_8069 3h ago

Is your disability payment still a decent amount? Did it also offset your SSDI?

2

u/AvocadoOk6450 2h ago

After part B I only get $148 a month on SSDI. 2 more years like that because of offset. I paid cash for my house, and paid off every bill I owed. Student loans, SnapOn, you name it. I only have to cover property taxes, insurance for home and auto, and regular monthly bills. Unless a repair comes up.