QUESTION
For Worker's Compensation Settlement, how do I know what would be a reasonable request to make?
Asked on Mar 03rd, 2013 on Personal Injury - California
More details to this question:
I have an open WC case that is nearly four years old. I recently received a letter from the carrier asking if I was interested in settling, and if so, what is my demand. My lawyer has not given me any guidelines, and I do not know what would be considered appropriate compensation. I have a cervical spine fusion from C4-C5, C5-C6. I have radicular neuropathy, down my right arm and across the shoulder blade, (I am right-handed). My surgeon classifies me as permanently disabled, and I am currently receiving SSD benefits. How do I know what would be a reasonable request to make? Are there guidelines to follow when trying to figure this out?
13 ANSWERS
Your lawyer's job is to help you calculate a good settlement. If necessary, get a new lawyer.
Answered on Mar 08th, 2013 at 11:47 PM
Ronald A. Steinberg
You need to consult with a competent lawyer who handles Worker's Compensation cases. You are considering a decision that has long term and serious consequences. I cannot diagnose your condition over the internet, so you need someone on a face-to-face basis to explain your options and guide you. The attorney fees on comp cases are limited, so it is worth your while to get the help that you need.
Answered on Mar 06th, 2013 at 11:36 PM
Talk to your lawyer - that's why you hired him.
Answered on Mar 06th, 2013 at 12:51 AM
Answer: I can only advise you about Iowa law. I don't understand why you are coming up with the demand. If your lawyer isn't telling you the value ranges and making the demand fire him because it's a clear sign he doesn't know what he's doing and you're going to make a huge mistake. You have a two-level spine fusion, and that's a serious issue. Go find a lawyer that knows what they are doing and get rid of the one that doesn't. It's really that simple.
Answered on Mar 06th, 2013 at 12:51 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Get you a lawyer who knows worker comp. if you are totally disabled they will pay you according to the degree of disability (total) and your age. The lawyer you hire should know this or be able to find it out
Answered on Mar 06th, 2013 at 12:50 AM
Every case is unique and there is no "set of guidelines" to follow. MY first question is whether your doctor is saying you are permanently and totally disabled, or just permanently disabled from your usual occupation. I assume it to be completely disabled from all gainful employment, as you stated you were receiving social security benefits. In addition, your age, education and work experience are also a factor in determining potential value. Lastly, and probably most importantly, your wage and compensation rate affect the demand and settlement value. Since your attorney should have all of this information, your attorney should be able to give you settlement value and a demand figure and explain to you how he or she came up with those numbers. You are certainly entitled to copy your file and give to another attorney for a second opinion and further explanation.
Answered on Mar 06th, 2013 at 12:49 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You have a lawyer and he's not giving you any guidelines? Then he's not doing his job.If you have a permanent injury, you may be able to get a "schedule award" which is based on a formula depending on the extent of your disability and your rate of pay, offset by payments you have already received. But: you should get some advice as to whether the schedule award is your best option. Depending on your situation, you may be better off getting disability payments and having your medical expenses taken care of. Tell your lawyer that you need his advice and if he can't give it to you, you will find someone who can.
Answered on Mar 06th, 2013 at 12:49 AM
The calculation is very complicated. Your back is worth 300 weeks of your weekly wc check if 100% damaged. You Dr. should have given you a rating %. If it was 10%, then you very 10% of 300= 30 weeks of the compensation rate you got weekly from wc. Then you as the future medicals and other types if damages. Ask your attorney, I'm sure he/she knows how to value the case.
Answered on Mar 06th, 2013 at 12:49 AM
Premises Liability Attorney serving Herndon, VA
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Abrams Landau, Ltd.
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The short answer is "yes." An experienced workers compensation lawyer will show you (and give you a copy of) the VWC schedule that the judges must follow under the Comp Statute. Furthermore, the best comp lawyers in Virginia try cases regularly, so that you can go and see them "in action," so that you can see what the judges look at in determining what compensation benefits will be awarded. Unlike a personal injury case, which is very difficult to evaluate because of harms such as: physical pain, inconvenience to the family, embarassment, mental suffering, loss of future raises/bonuses/earning capacity, the Virginia Workers Comp law unfortunately does not compensate for any of those things. However, permanent injury claims can result in significant settlements, so it is important to understand what is at stake and actually "see" and "hear" what happens in comp claims before rushing into a bad decision. Lastly, just because an injured worker is receiving Social Security Disability income does not mean that the workers comp judge will find that they are totally disabled; the Federal Government's findings are not binding on the state workers comp judges and vice versa.
Answered on Mar 06th, 2013 at 12:48 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Ask your lawyer to give you some guidance. Your lawyer should be familiar with the factors that are considered. In general, in South Carolina, if you can prove you Are disabled t is your compensation rate, which is 2/3 of your average weekly wage, x 300. If two body parts are injured and you are disabled, you can get up to comp rate times 500. This is how it works in general. You claim may have aspects that are different and for which you should rely on your attorney's advice.
Answered on Mar 06th, 2013 at 12:48 AM
James Eugene Hasser
It sounds like you may be considered to be permanently totally disabled under the comp Act, entitling you to your full comp rate the rest of your life. If you have any earnings ability, you will have a loss of earnings capacity claim, subject to limitations under the comp Act.
Answered on Mar 06th, 2013 at 12:47 AM
You need a professional and experienced worker's compensation attorney to represent you to get the maximum settlement for you.
Answered on Mar 06th, 2013 at 12:47 AM
Workers Compensation Attorney serving Torrance, CA
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Law Office of William S. Lindheim
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Firstly, I would recommend that you see what the doctor's final report says. The final report called the "MMI" report will state what is the "whole person impairment" from which the level of compensation will be determined. Secondly, you may want to ask your attorney whether you went to an AME (agreed medical examiner) or a PQME or none at all. If none at all, then your level of compensation should be based on the MMI report of the "primary treating physician." If you went to an "AME" then the value will be based on what the AME says as the AME's opinion carries more weight that that of the primary treating physician per Calif. law. If you went to a PQME, then the judge will decide at trial which of the 2 reports is more persuasive as neither the PQME or the primary treating physician's opinion has greater or weaker weight then the other.
Answered on Mar 06th, 2013 at 12:46 AM