joyceygreen

Just found out that we have no decision to make. Workers Comp want their money for all the medical bills (around $120000+), they are going to do an 'asset test' and will investigate. They have said it's not up to us as they have a 'Lien' on any money available from ANYBODY. They said that as soon as they have the results of that test, then they will let us know and a discussion will start on how any money is distributed.

So it's out of our hands totally now.

Thank you for some of the more rational comments, you have to be in it to understand a situation more fully and I will just ignore some of the more ignorant comments. Looking thru other threads, I know that some participants love a good debate and that's fine.

In a way, I'm relieved that the decision has been taken out of our hands and there is no dilemma anymore. The big guns will go for it - whatever is there and we will probably be lucky to get our out of pocket expenses. So be it. Amen.

scrubbedexpat099

So the issue is that she is old, or female or both? One sounds sexist the other ageist, both, welll....

In which case why should they have to incur the cost of Insurance if they can not be helf responsible for their actions?

And how old do you need to be to qualify?

anotherlimey

I'm surprised; I would think if the insurance company sues for their losses, you could sue for yours at the same time or when they've finished?

Maybe they must want to get theirs before that lady runs out of money!

dakota44

exactly. Which is why in a Workers Comp situation you really can't sue. I mentioned before that here you can choose to sue instead of Comp, but not a wise choice because then Comp is free and clear and you could end up holding a very large bag of not much. At least with Comp any ongoing medical problems related to the original injury will be covered. I am glad that it is now sorted out for you..and you do not have the burden of that decision anymore.

dakota44

Workers Comp does not allow "double dipping"..collecting from them and then from someone else too. They will cover the medical but will take the cost back from any settlement. As for lost wages etc., if you sue, Comp is off the hook. It's only right when you think about it.

Bob

damn right I would

joyceygreen

What they've said is that it's not up to us whether to sue or not. If she's has any assets - then they will sue. The $50,000 from the Ins Co. will get split and then a lien will go on her house (if she still owns it). She will not be made homeless (we wouldn't want her to be) and the Lien will be in place until she sells her house. In 20 years time or whenever, and the funds from her home are released, they will be split, bearing in mind our costs and the Workers Comp Insurance Co, who will get the lion's share. We are resolved to it now and atleast I can stop reseraching on the Internet, it was doing my head in! Atleast we will get the bike money back - if I was still in West London, it would have been likely the Driver wouldn't have had: a) a License b) Insurance or MOT. We remain positive. Always. We came to America for an advenure and that will continue.

Deedee13

i dont think this is correct. Workers comp are sueing for their medical costs and loss of earnings that u have received from them.. You are well in ur rights to claim for hardship caused to the family. And possible loss of future movement in the body parts there are affected. A civil case lawyer will be able to advise u . However, do u really want to? I rather think everyone is blinded by the 70+ grey haired lady!! and the severity of the injuries. Doesnt sound a lot does it. But should she be driving in the first place, she might have run over a kid and killed it. And if it had been my kid ur damn right 70+ or not i would be making her wish she was not blue rinse anni but a bit younger. Its unfortunate and can be seen as greedy, but when he is sitting in 10 years and its bad weather and his parts are hurting i dont think ull be quite so awwwwwwww! But reality were in america she has no insurance. she has no money, u win she appeals u lose she wins u pay the bills. OWCH!!!! next time take a taxi.

bettyboop80

My thing is..her husband has been able to work from home, so obviously he has a sedentry job which a hurt knee really shouldnt be affected by. There were NO loss of earnings so far as shes already said her company paid her husband a full salary, and shes trying to put a little old lady out of her house!
Fair enough it may have been the old ladies fault, but accidents happen when you are driving and especially when you ride a motorcycle.

Deedee13

little old lady, ma baker was a little old lady!! I think ur under estimating the severity and the impact TODATE! What about in a few years. I am more cautious in areas like this, my ex husband was hurt on his ankle 20 years ago, did the oh its ok and dont worry and now today, he sits in a wheel chair for most of the winter and eats pain killers for breakfast. Forget the little old lady look at it as an accident, with some form of fault on her part! He wasnt wearing the correct clothing which if she has a good lawyer will turn around and bite him in the ass. Workmans comp will eventually release him 100% and if they cant then he will get a settlement from Workmans comp. But then its over for them. You have to decide whats right for u. And will everyone forget the little old lady bs. would the answers be different if it was a drunk driver!

dakota44

Point...they will get far more money, in benefits both medical and financial, out of Workers Comp than they ever will out of an old lady with nothing of any significance. And as has already been said..Workers Comp has a lien on any assets she might have.

Bob

Accidents happen, that's why people have insurance, and if they can't afford good car insurance, they shouldn't be driving...but that's besides the point...already mentioned the other knock on's of having a gimped leg for quality of life, it isn't all about the greenbacks for the salary.

dakota44

it's called non-economic loss here. You are assessed by Workers Comp as to the degree of disability or diminished mobility and paid a settlement either as a monthly pension or a cash payout. It can be quite large and is tax free.

Or in my case..having almost broken my neck at work and causing a permanent reduction in mobility, serious nerve pain 24/7 and 365 days a year, the inability to do many of the things that I did before...sleepless nights etc. There wasn't some handy person I could sue...so Workers Comp assessed me at 51% disability. But, because I refuse to stop work and collect for sitting home, I received only a non-economic loss settlement. In my situation, because of my age, the settlement in no way reflects what I will deal with for the rest of my life. But it's what it is. Life goes on. Had this accident occured when I was in my late 20's for example, it would have provided a tidy settlement of probably over $200,000. That isn't the case..so no point in bitching about it.

scrubbedexpat099

As far as I know the first in gets their money, and obviously you can not double dip.

Deedee13

dakota, u broke ur neck at work? scenerio here, woman worked at K Mart, fell off a ladder she was 37 hasnt worked since and lived from workmans comp. Last year got assessed that she was now unable to work again, basically sitting on her ass all day she has turned into an overweight ^%$& therefore making the situation worse. Sued K mart and is going to be sitting very pretty for the rest of her days if not in pain!! but she is going to be ok with a payoff with lots of 000000s. I realise that people here sue for a past time but if its valid then why not give it a shot.