There is no magic formula to determine what a case like yours is worth under Nebraska's Workers' Compensation laws. For certain workers' compensation injuries, the amount a case is worth can be determined fairly easily. An example would be if you broke your finger and were left with an impairment rating, you would be entitled to a certain amount of weeks of permanent partial disability benefits. However, for head and neck injuries there is no set formula. To determine the value you would have to look at your "loss of earning capacity." Usually a specialist in calculating loss of earning power is retained to determine this value. It is based on your education, rate of pay, the nature and extent of your injuries and any limitations you have a result of your injuries. The loss of earning capacity evaluation is not usually done until you reach medical maximum improvement, which means you are healed as much as you can from your injuries. You might want to talk to a workers' compensation lawyer to learn more about your rights. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.
Answered on Sep 11th, 2012 at 11:24 AM