The Flint Journal & Genesee County Bar Association's "Ask the Attorney"

MACDONALD, FITZGERALD & MACDONALD, P.C

Q. I receive weekly workers' comp checks due to my disability. My employer wants to offer me a lump sum buyout in which I give up all my future rights to benefits. What should I do?

A. Whether you should settle-- and for how much--depends on many different factors. What is your weekly benefit amount? How severe is your disability and how long will it last? Do you or your doctors think you will eventually be able to work? What is your age and life expectancy? Can we predict disputes in the future over ongoing benefits? Can you win those disputes? Is this clearly a work-related disability? What future medical expenses will you have? Do you have other insurance that may cover these expenses? How will a buyout effect your other rights and benefits? These are some of the issues that need to be considered. Michigan attorneys who negotiate workers' compensation lump sum settlements for claimants being paid are limited to a 10% attorney fee. An experienced workers' compensation attorney can recognize the value of your case, negotiate the best deal possible, as well as take steps to protect your other benefits. Call us for a free consultation to discuss your options.

Atty. Robert J. MacDonald
--March 2008 column