Can a injured workman’s Comp person settle their case while they have a pending disability case? 13 Answers as of July 18, 2011

Can a injured worker man’s Comp person settle their case, while they have a pending disability case?

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Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
You may find this link helpful: http://www.ssa.gov/OP_Home/handbook/handbook.05/handbook-0504.html.
Answer Applies to: Connecticut
Replied: 6/30/2011
David Hoines Law
David Hoines Law | David Hoines
yes, but such can be risky as often the injuries overlap.
Answer Applies to: Florida
Replied: 6/29/2011
The Law Firm of Shawn M. Murray
The Law Firm of Shawn M. Murray | Shawn M. Murray
Yes, but there are many issues that need to be considered in addition to just the settlement amount, and the language used in the settlement documents can make all the difference in the world regarding whether a settlement is a good one or not. The language used can either protect you, or it can harm you, particularly if you have a pending disability claim.
Answer Applies to: Louisiana
Replied: 6/28/2011
The Law Office of Josh Lamborn, P.C.
The Law Office of Josh Lamborn, P.C. | Josh Lamborn
I do not practice workers compensation or disability law. Sorry.
Answer Applies to: Oregon
Replied: 6/28/2011
Wilson & Hajek, LLC
Wilson & Hajek, LLC | Eddie W. Wilson
If both cases are for the same injury you can settle but that would not be a smart thing to do.
Answer Applies to: Virginia
Replied: 6/28/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    Yes but there could be consequences and medicare set aside trusts that need to be set up if you have applied for Social Security Disability while you try to settle a workers comp case. I would recommend calling a workers comp attorney.
    Answer Applies to: Florida
    Replied: 6/28/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    You should consult with and/or retain an attorney who handles worker's compensation matters.
    Answer Applies to: Indiana
    Replied: 6/28/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    If the "pending disability case" is not your worker's compensation case, then I would strongly recommend you consult with the lawyer representing you in the workers' compensation case. If you don't have a lawyer representing you in the worker's compensation case, then I would strongly advise you to get one.
    Answer Applies to: Florida
    Replied: 6/28/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    Yes. However, there is language that is very helpful to have in the settlement documents known as "Utica Mohawk" language. If you are representing yourself, ask the attorney for the insurance carrier to include this language in the settlement order. In some cases, Social Security will take the workers comp settlement out of your benefits, and "Utica Mohawk" language can minimize this. Also, if you expect Medicare to provide future benefits for the workers comp injury, which is likely if you are going on disability, then you may need to include a Medicare set aside in your workers compensation settlement. At the end of the day, if you are totally disabled as a result of your injury, you may need the help of an attorney.
    Answer Applies to: South Carolina
    Replied: 6/28/2011
    Richard E. Lewis, P.S.
    Richard E. Lewis, P.S. | Richard Eugene Lewis
    I am not certain I understand your question. Do you want to know if you can settle a third party claim while the WC claim is pending?
    Answer Applies to: Washington
    Replied: 6/28/2011
    Allen Murphy Law
    Allen Murphy Law | W. Riley Allen
    Yes, but you may need to consult a lawyer to be sure you don't create problems for yourself.
    Answer Applies to: Florida
    Replied: 6/28/2011
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