Asked in Tunkhannock, PA , on Jul 15, 2015
I live in Pennsylvania and I’ve worked for the same company for 20 years, but I started having issues with my foot and I’ve had two surgeries and still have the same issues. My husband was offered a job out of state and took it but than after starting his job out there he didn’t like the area and came back. Before he left I told my employer I wouldn’t be back, but before we did anything I asked my insurance adjuster if it would affect my claim if I moved and she said it wouldn’t. I’ve been told by my doctor I can’t go back to doing the same kind of work I was doing, but I can do office type work which I have no experience. I’ve only done Manuel labor for the last 20 years. I just want to know if I can get a lump sum settlement. Thanks for your time.
Answered on Jul 17, 2015
It sounds like you have not yet quit the job, if that is the case, you should be talking to an attorney about settlement options. Quitting generally hurts a case unless it is because of work related reasons (but even still it is an unnecessary fight). It also sounds like you have been on compensation for at least a year or two as well, which is about the time most insurance companies get serious about removing you from benefits. The fact that you may be able to do sedentary / office type work could give them an opportunity. It’s hard to tell where you are at in the claim from the information above, but one example is if you had a recent IME they could use the restrictions to set up a labor market survey and attempt to reduce your weekly check by the amount they claim you could earn if you took a job that is within your capacity (usually something you do not want, like a telemarketing job etc). If you do not adequately prepare for these types of scenarios it could hurt you claim as well. As an aside, I hope you are not continuing to treat with the panel providers, you can move on to another provider after the first 90 days, which is usually in your interests. The long and short of it is, you always have a chance for a properly done settlement but a resignation could reduce the amount you ultimately receive. Good luck.