When can an injured worker reach a settlement with the insurance company?
One rule every injured worker should understand is: there are no rules for when an injured worker can reach a settlement with the insurance company. It could happen the day after the accident, or it could happen years after the accident … or it could happen somewhere in between.
What goes into when a workers compensation case settles?
Lots of factors go into when a case settles, but one quick bit of advice for injured workers: Don’t try to get too far ahead of the game. Settling a workers compensation case is the last step in the recovery process, not the first.
Who should make the first move in a workers compensation case?
However, most workers compensation attorneys want to hear from the insurance company first and go from there. Regardless of who makes the first move, the process of a worker recovering from the injury and the insurance company paying medical bills rolls on.
How long does it take to recover from a workplace accident?
The recovery time from a workplace accident varies so wildly depending on the worker’s age and injury sustained, that it’s impossible to put a timeline of days/weeks/months on when a settlement will be offered … by either side! Yes, it’s best for workers to understand that the insurance company is not the only side that can offer a settlement.
What happens if you don't get reimbursed by the RRB?
However, if the RRB is not reimbursed in full at the time of settlement, you may have to repay benefits to the RRB. Verify the accuracy of the amount of benefits withheld from your settlement by checking your own record of RRB payments or by contacting the RRB.
Is the RRB liable for no fault?
This is true regardless of a State's "no-fault" law. The RRB will normally notify the liable party, and the person or company making the settlement or paying the damages usually reimburses the R RB for the amount due.
Can you collect personal injury settlements?
Personal Injury Settlements. You may receive benefits for any kind of injury or illness whether it occurs on or off the job; but if you are paid a settlement or collect damages as a result of the injury or illness, the amount of your benefits must be refunded to the RRB.
Why are railroad workers at risk?
Railroad workers are at a particular risk of developing a repetitive stress injury because of the physical nature of their work. Often, railroad workers need to work bent over or in awkward positions to repair track or perform some type of maintenance.
What is railroad wear out?
Cumulative Trauma & Repetitive Stress Injuries. A common injury railroad workers suffer is cumulative trauma, also referred to as a "wear-out" or repetitive stress injury. Repetitive motions cause injury because overuse of one area of your body will result in its wearing out faster.
What is a TBI?
A traumatic brain injury (TBI) is a complicated intracranial injury . They may not be visible, but they can leave the victim with a variety of serious and lasting side effects. According to the National Institute of Neurological Disorders and Stroke, TBIs may be caused by an object forcefully coming in contact with the skull or the skull suddenly hitting another object. For instance, the victim of a train accident could be thrown against the window or another hard object and suffer a TBI. TBIs can be categorized as mild or severe. A concussion is considered a mild TBI. Because concussions are treatable and many victims recover fully, concussions are not considered catastrophic injuries. However, a severe brain injury could leave the victim with lasting memory problems and decreased mental faculties; these types of injures may be considered catastrophic.
What is a catastrophic injury?
Simply put, a catastrophic injury is any injury that leaves victims with enduring emotional, psychological, or physical scars. While many injuries heal, catastrophic injuries decrease your quality of living and affect every aspect of life.
Is railroading dangerous?
As a railroad worker, even though you work in a particularly dangerous occupation, there are precautions that should be taken that can prevent injury and illness. Your employer is responsible to make sure that you as a railroad worker are not exposed to avoidable health and safety risks. If you were not warned about the health risks or were not given adequate safety materials, these are signs of employer negligence. If you visit a doctor and become aware that you have contracted Benzene-related leukemia or another illness due to Benzene exposure, call us today.
Is a neck injury considered a catastrophic injury?
For instance, a serious back or neck injury could be considered catastrophic because, depending on the severity of the injury, a victim could be left paralyzed. Two of the most common forms of paralysis are quadriplegia and paraplegia.
Does railroading cause trauma?
Worse still, the study concluded that while other industries have made changes to protect employees from similar on-the-job hazards, the railroad industry has done little to improve safety standards since the 1950s, leaving their employees susceptible to cumulative trauma injuries.
Why did the judge throw out the case?
But the Judge threw the case out because – even if the claim agents told some tall tales and big fibs to get cheap settlements – the Employees knew they were signing “Releases.”. A “Release” is the piece of paper that an injured employee signs when a case is settled, giving up the right to ask for more money.
How much money would Ron be wasting if he hired an attorney?
The formula applied even if Ron had an attorney and, therefore, Ron would be wasting 25% of his money if he hired an attorney.
Why were the release documents valid?
The Judge ruled that the Releases were valid because the claim agents didn’t lie about what the Employees were signing.
What did Ron tell William about his hearing loss?
According to Ron, William convinced him to settle his hearing-loss claim for only $3,000 by telling him: It was William’s job to be fair and honest with claimants.
Why would Robert not be entitled to any more compensation?
Even with an attorney, Robert would not be entitled to any more compensation, because the chart applied to everyone. Getting an attorney would be a waste of money, because the settlement amount Robert was entitled to receive was determined by the chart. Robert’s hearing-loss claim was “cut and dried.”.
What standards did Jeff use to represent everyone on the railroad?
The “American Medical Association” standards that Jeff was using applied to everyone on the railroad equally, whether or not they were represented by an attorney.
Who were the four employees of BNSF?
Each of the four Employees – “Duane,” “Ron,” “Robert,” and “Tom” – had hearing loss from exposure to excessive noise on the job. Here, as recounted in a ruling by the Judge, are some of the lies that, according to the Employees, were allegedly told by three BNSF claim agents (“William,” “John,” and “Jeff”) to get the Employees to settle ...
