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Paying back longterm disability... in MASS

Paying back longterm disability... in MASS

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  #1  
Old 04-25-06, 11:11 PM
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Join Date: Aug 2005
Location: New England
Posts: 245
Paying back longterm disability... in MASS

Hi,
I'm an RN who got hurt in a car accident about a year ago and haven't been able to work since- mostly left now with lower backpain from a disc herniation... it's pretty bad and I'm doing a lot of things to try to get better- but no luck yet. The other injuries have healed- thank God.
In the meantime, I worked for my company 16yrs! We paid into this disability insurance for a long time and I am currently grateful for the 60% that I receive monthly.
However, I meet with my personal injury Atty this week and after reading my LTD insurance policy it appears that any settlement $$ I get needs to go to pay back my disability insuror.
I realize they've been there in my time of need and covered some of my salary (but not all of it) There is a "cap" on how much one can collect per accident in Mass (I think it's 40K). so I am sure by the time I pay my Atty and pay back the insuror and the healthcare I received- that there won't be even a penny left to compensate what has been a horribly painful and lengthly experience.
This doesn't seem fair at all to me.
Does anyone know if there is a way to separate out the "salary" money from personal pain/suffering compensation? I plan to ask my Atty but want to know ahead of time what is typical in this kind of situation.
I am thankful I didn't go through the windshield and know it
could've been worse. But my career's rather "shot" right now and to have nothing to show for it but DEBT doesn't seem just to me. I have to sell my home as can't afford the mortgage any longer.
I've read I could try to sue the individual at fault (I was hit sitting at a stop sign) But I don't think the other party has any personal assets.
This accident's had an awful domino effect on all aspects of my life and to think I won't even be able to afford to buy a car after all this- is awful. (I broke even on the "total" with my car insurance) Can't seem to catch a break- (other than my shoulder) Thankfully that healed!
Thanks!
Debbie.
 
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  #2  
Old 04-30-06, 02:38 PM
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Join Date: Aug 2000
Location: USA
Posts: 15,834
You will need to consult with an attorney who specializes in auto accidents and insurance in your state.
 
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