A bit of help might be on the way!

[mea772]

Almost 2 yrs ago I was waitressing and I slipped and fell. Well, it knocked things out of wack...my vertebrae was crushed upward which made one of my hips higher than the other. I had already had some back problems and this aggrivated all of that too. I could not sit, stand, lay down, walk or anything for more than 3 minutes at a time. I was in so much intense pain!

Anyways, there is a lot of story in between then and now LOL...and I actually started typing things but it was getting so long already LOL so I just erased it LOL.

I have been doing a lot of thinking...I had gotten a call from the claims place asking if I would like to settle since it had been 11 months since my last claim. I was actually shocked because I never knew there might be a settlement! I told him I wasnt sure since I do have pains here and there.

Well, I did end up back at the chiros only once..about 5 wks ago...other than that I am doing okay (with the exceptions of some pain if sitting or laying in the same place for too long, etc).

Sheesh...would I just get to the point!

I decided today to call the claims place and I gave him an amount...knowing they will counter it. Some think I should have gone higher but I am okay with what I went in at.

So...with that all said...I am thinking this settlement should be enough to get me up to date with my bills (hopefully a bit more too) and then I can actually start on a real budget!

Please say a prayer or cross your fingers for me that their counter offer comes back at a good price and quickly!!!

Thanks!

[Momof4cats]

Since this sounds like Workers' Comp, make sure to check with the state regulatory agency to make sure you get everything you're due. They have formulas to figure partial disabilities.


Good luck!

[mea772]

You are right! Unfortunately it isn't actually Workers Comp.

My mom has a friend who has a friend (LOL) that works for Workers Comp...she looked into it for me to see what kind of monies I might be able to ask for. She could not find anything about me on file unfortunately.

What I asked for was $3500. I will be happy with $2500.

The thing is...I tried to add up lost wages for a few months, money for any future chiro visits, and all the pain I felt then and that I still fee some of now (and of course you really can't put a price on pain but I tried).

He told me that the company (which it is Outback Steakhouse) will in fact counter my offer (he told me this before I told him what it was). I told him I knew they would..he laughed and said he has never seen any company not counter LOL. Anyways, I am not asking for too much, I know that...who knows what kind of pain I might have 10 yrs from now. But, I do want to settle...I haven't had anything really drastically happening to me and I sure could use that money...I just wish I would have done this a month ago!

Oh, the guy said that it is a painless and quick thing...he said he would take my amount to Outback, they will counter and it might go back and forth one more time and a decision will be made. I am thinking, if they don't counter too lower than what I want, I might just take it...a couple hundred dollars to me isnt' work waiting another week or whatever.

Sheesh...do I sound desperate or what??? (sigh)

[mikandmari]

Wishing you a quick and positive resolution on this. I know how it feels to live with pain. There's no price tag. But, at least you'll get a little something. I fell when I was 18 years old.... down my parents front steps in an ice storm. Can't exactly sue Mom & Dad But my back still hurts sometimes....

[Jenna]

Have you done any research or consulted any lawyers? What the fall a result of negligence by the restaurant?

[Jenna]

"what" should be "was"

[Jaded]

I really think you should consult an attorney. even $3500 for what you're describing is outrageously low.

[Holly]

Restaurants have to pay in workers comp, so you should have gotten it.
I know we have to pay it for our waitresses and workers when we get going
Best of luck to you

[FrugalMomof3]

I am glad you will be getting something to get you out of debt and glad your feeling better

[mea772]

My thought was...if I get say $3000, or a little lower, it might be better than if I go with an attorney, get say $5,000 and have to pay him $1500 or more. Yeah, I might get a little more but the wait would be horrible!

I don't know if, by law, it was neglect by the restaurant. What happened was, I was rounding a corner that went out into the restaurant and I slipped.

That restaurant was very big into keeping the floor clean...there were always 2 people assigned to sweep the floors every so often. Not sure what I slipped on. I think just something got spilled or something.

Anyways, because I had other back problems I really was nervous that if it went to court or whatever, I might not get much anyways because that is what they would throw in there.

And of course, again...the time line. I really just need to get this money to help us financially. Yeah, I guess I am a bit desperate. My husband and I just can't deal with living like this anymore. I need to get us on some kind of budget that is realistic and doable. It is getting harder and harder for us to go day by day wondering where we are going to come up with gas money to get back and forth to work.

[Momof4cats]

It doesn't matter if it was neglect by the restaurant or just an unlucky accident. Worker's comp is worker's comp, and there are a lot of regulations the insurance company has to abide by in the payment of claims, including settlements. The settlements are pretty standardized. Have you been to an orthopedist to get a disability rating? If not, then you need to, because that is what determines your settlement amount.

I don't know about Ohio, but here (TN) the state won't let an insurance company settle for a lesser amount than they're required to by law, even with the employee's agreement.

[2boysand1girl]

I think you should have asked for more. Checking with a lawyer isn't a bad idea, many will give you a free consultation and some don't collect unless you get paid.

On the plus side, $3000 would wipe out your first 4 debts and leave a little leftover.

[mea772]

Yeah, I am looking at the plus side. Not sure the money can go directly to those bills tho seeing as how I am going thru CCCS but I will finally get paid up to date on all my bills and start my budget. I will also put some as a cushion for just in cases. I will also be able to pay my mom some of the money we have borrowed.

My horses need their hooves trimmed, my kids need winter wear, etc. This money really is needed!

Yes, I agree, I could maybe get some more if I had gone to an attny or something...I just feel a bit pressed for time tho...I am overwhelmed with my bills and I can't even put us on a budget until we get up to date on everything...it is just such a horrible feeling.