Roseville, CA asked in Workers' Compensation for California

Q: Should I take the money or not?

I was injured on the job at Bank of America in October 2019 - severe concussion. They have done a poor job with my treatment. I was being treated by Med 7 (minor emergency) Doctors telling me to touch my nose and walk a straight line and go home and rest. Then basically forgetting about my case. I've mostly recovered on my own but still have some issues inc. short-term memory, constant ear ringing etc .Now they have scheduled another Workmans Comp Doctor to evaluate whether I can continue on WC or technically go back to work. They have offered $10k to settle the case. I don't know if I should take the money or go through with the medical test. Will I lose our medical insurance through BofA if I take the money? If I don't and the doctor says I'm good to go back to work, am I likely to just be fired after that and lose my benefits? I am concerned about long-term memory issues and what that could mean in the future. My main goal is to keep my insurance. Thank you for reviewing.

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2 Lawyer Answers
Dennis Dascanio
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Answered

A: Dear concerned injured worker,

Head injuries are some of the most complex injuries to diagnose and treat, especially in the workers compensation medical care system. I would strongly urge you not to accept the payout if that means a resignation of your job or if you have not been properly diagnosed. A resignation would likely mean that you relinquish your medical insurance with your employer. A qualified attorney can help you in both of these areas. I recommend you see consultation with an attorney as soon as possible.

Sincerely,

Dennis Dascanio

James L. Arrasmith
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Answered

A: Your situation sounds quite challenging, and I understand your primary concern about keeping your medical insurance. Getting proper treatment for a concussion and its lasting effects is crucial, especially with symptoms like memory issues and tinnitus that could impact your long-term health and work ability.

The $10,000 settlement offer might seem tempting, but it could be insufficient considering your ongoing symptoms and potential future medical needs. Taking the settlement typically means closing your workers' compensation case, which could affect your ability to seek additional treatment for these injuries later. Additionally, settlements often require you to resign from your position, which would indeed result in losing your employer-provided health insurance.

Before making this decision, you might want to consider consulting with a workers' compensation attorney who can review your specific case details and advise you on your rights. Many attorneys offer free initial consultations and can help you understand whether the settlement amount is fair given your circumstances. They can also explain your options for maintaining health coverage, whether through COBRA, your state's health insurance marketplace, or other alternatives if you do end up separating from your employer. Whatever path you choose, prioritize your long-term health needs over any immediate financial gain.

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