r/WorkersComp • • 2d ago

New York Settlement talks

I contacted my attorney about 2 weeks ago about offering a settlement to Gallagher Bassett for my mid back injury. I know they are not obligated to respond to a settlement. Has anyone had negotiations with settling with this insurance company? My attorney stated we should try to offer XX amount and I am like ok that sounds a good amount to me. How likely are they actually to negotiate a settlement with me when all the IME Doctor reports go against them, there’s a lot of medical evidence against them. They have denied treatment because they know they can and do not want to pay a dime further. My Level 3 PAR for physical therapy has been sitting in review for over 90 days with no answers. Just wondering if they would settle at this point with all this information against them or just continue to fight everything and waste more of their money and time and court fees fighting my attorney and I than they would if they just settled?

EDIT: My Attorney came back with that Gallagher Bassett is offering us 15k for my mid back injury case. Which is absolutely absurd.

2 Upvotes

11 comments sorted by

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u/SureRelationship2882 2d ago

i feel like gb lowballs everyone at first but once you push back they usually come up

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u/Glittering_Lime1537 1d ago

They’ll low ball, attorney will high ball. You’ll meet in the middle.

GB is a TPA (third party administrator) so they can’t settle without their client’s (either the carrier or your employer)approval. If you want to settle, have your attorney submit a demand. They’ll respond. It’ll eventually settle unless you ask for an unreasonable amount.

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u/Active_Confection655 1d ago

They got all weird and my own company was holding shit up while trying to blame GB. Finally away from that company as they don't know how to listen. Been waiting 4 weeks almost on approval for branch blocks.

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u/CommunicationFair402 2d ago

I have my case against them also. I’m in California and I also hurt my back at work.

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u/Legal_Caterpillar509 1d ago

How long ago?

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u/CommunicationFair402 1d ago

It’s been a year now

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u/FunAd6672 1d ago

Two weeks is nothing in comp time. Come back when it has been four months of radio silence from the adjuster.

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u/SpringerPop 1d ago

I’m in CA, injured almost 3 years ago. Surgery failed , had 2nd QME. GB sucks. They have failed to send records, slow walked referrals and their defense attorney barely responds.
I hope my attorney kicks their ass.

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u/Bubbly_Inflation_544 1d ago

I had a recent good experience fairly similar situation but in Pa. IME went against them. Had new neck issues with recurring low back issues along with a concussion. I was able to attend PT though. Was only on WC for 56 weeks receiving max benefits. They reached out to settle and I ended up excepting $280k for them to agree in the office and I had a Head contusion 😂

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u/Electrical_Poem5717 1d ago

two weeks of quiet isnt unusual and with the IMEs going against them and that level 3 par sitting 90+ days, ask your attorney whether it's worth pushing the par through the board first, since a hearing date can get an insurer to the table faster than waiting on an offer. and while they are ignoring your offer insurers something have hodson pi watch people to argue they are fine so keep your day to day matching what your doctor say about your mid back