Valuing a Workers' Compensation Case after an Offer is made. Is this Iowa workers' compensation case worth $6,000 or $60,000?
Question: What should I do if I received an email from the worker's compensation insurance company and the offer is a little low?
Question Detail: I received this email from the workers comp insurance company and I think that the offer is a little low. What are my rights? Should I ask for more? As discussed previously your file still remains opens as you are entitled to lifetime medical coverage for your right wrist as long as deemed related to the initial work injury. I was wondering if you would like to settle your claim with us for $6,000.00. This payment would be broken down as $4,000 paid from the medical portion and $2,000 paid from the indemnity portion. If you agreed to settle, we would have our attorney provide you with the settlement document for your review and signature. At that point, the settlement paperwork would be submitted to the Department of Labor for final approval. Once approved, the payments would be issued to you and your file would be closed. You would not be able to seek future medical treatment under your claim. Please keep in mind that your file currently remains open and neither party has to settle unless both agreed.
Answer: I will assume your case has jurisdiction in Iowa although the reference to the Department of Labor makes me believe this is not an Iowa case because we refer to the agency in Iowa as the Industrial Commission.
First, I would need to know more about the facts and medical opinions before being able to express and opinion about the value of your case for settlement purposes. Your opinion that the offer is "a little low" is not sufficient for me to assume you are right or wrong. If an insurance adjuster is offering you $6,000 your claim may actually be worth a lot more; it could be $6,000 more or $60,000 more. Without actually knowing the injury, your age, the disability, restrictions, permanent impairment ratings and whether or not you had surgery along with the outcome no lawyer can express a credible opinion. Valuing cases is not something we can easily guess at; we need more information about your case, the injury and the outcome to understand value in a workers’ compensation setting.
So without sitting down to interview you and to read the file there is no legitimate answer. Sort of like a plumber trying to fix a stopped up toilet over the phone. It can't be done.
If you want an exact opinion on valuation call us and schedule an appointment, hire us and let us open a file. We will then collect the medical records, bills, your educational and work histories to value your case and then know whether it should be $6,000 or $60,000. If we don’t hear from you good luck.
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