Legal Question in Workers Comp in Virginia
settlement of workman's comp
My husband fell off a roof at work 2 years ago. He has been collecting workman's comp. He had an impairment rating of 68% permanently partially diabled. We have had no problems with Workman's comp with paying benefits. It has been determined that he will be unable to return to work. He rec'd a call today from WC stating that they want to settle and they want my husband to offer them a figure. We haven't a clue on how to determine the figure. How do you predict medical needs (he was awarded lifetime medical benefits). To you have any suggestions on where to begin to determine a figure to present to them. /Thank you very much for your advice
3 Answers from Attorneys
Re: settlement of workman's comp
Dear Mam:
This is a very complicated question. You indicated your husband was 68% disabled. I am not sure what you mean by this. You indicated he cannot work. Does this mean he cannot do anything? He may have a claim for lifetime compensation. Normally, compensation in Virginia ends at 500 weeks. However, in some cases of very severe injuries, you can have compensation extended for lifetime. I would need to know much more about your husband's case to know if that is your husband's situation. It also may be your husband's medical expenses for pain treatment are so extensive that any settlement surrendering his lifetime medical care is impossible. You also did not indicate if your husband was on Social Security Disability and Medicare. That would also be a serious complicating factor. I hope this is helpful. Usually, the insurance company wants to settle because they think this will be cheaper than continujing to pay your husband's claim.
Jerry Lutkenhaus
Re: settlement of workman's comp
Dear Mam:
This is a very complicated question. You indicated your husband was 68% disabled. I am not sure what you mean by this. You indicated he cannot work. Does this mean he cannot do anything? He may have a claim for lifetime compensation. Normally, compensation in Virginia ends at 500 weeks. However, in some cases of very severe injuries, you can have compensation extended for lifetime. I would need to know much more about your husband's case to know if that is your husband's situation. It also may be your husband's medical expenses for pain treatment are so extensive that any settlement surrendering his lifetime medical care is impossible. You also did not indicate if your husband was on Social Security Disability and Medicare. That would also be a serious complicating factor. I hope this is helpful. Usually, the insurance company wants to settle because they think this will be cheaper than continujing to pay your husband's claim.
Jerry Lutkenhaus
Re: settlement of workman's comp
Dear Mam:
This is a very complicated question. You indicated your husband was 68% disabled. I am not sure what you mean by this. You indicated he cannot work. Does this mean he cannot do anything? He may have a claim for lifetime compensation. Normally, compensation in Virginia ends at 500 weeks. However, in some cases of very severe injuries, you can have compensation extended for lifetime. I would need to know much more about your husband's case to know if that is your husband's situation. It also may be your husband's medical expenses for pain treatment are so extensive that any settlement surrendering his lifetime medical care is impossible. You also did not indicate if your husband was on Social Security Disability and Medicare. That would also be a serious complicating factor. I hope this is helpful. Usually, the insurance company wants to settle because they think this will be cheaper than continujing to pay your husband's claim.
Jerry Lutkenhaus
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