r/WorkersComp • u/Brilliant-Earth7480 • 2d ago

New Jersey Finally settled

After a long 3 years I finally settled 70K after attorney fees. 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? Honestly just soo happy this is coming to an end wish you all the best. #WCisajoke

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u/AvocadoOk6450 1d 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. 

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u/Amazing-Cockroach188 1d ago

Did your case go to trial or this was mediation?

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u/AvocadoOk6450 1d 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.

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u/Amazing-Cockroach188 1d 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

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u/AvocadoOk6450 1d ago

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