QUESTION
Is there a maximum amount of compensation you can receive in a settlement in a personal injury case being injured at work?
Asked on Dec 05th, 2012 on Personal Injury - New York
More details to this question:
I was injured at worked by a construction work. I had surgery for a meniscus tear. I was wondering about future medical treatment.
9 ANSWERS
Daniel P. Mitchell
This question involves worker's compensation. Not my area.
Answered on Apr 11th, 2013 at 11:47 AM
Ronald A. Steinberg
Workers compensation will pay your medical bills, and will pay your lost wages while you are unable to work. PERIOD.
Answered on Dec 17th, 2012 at 3:44 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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If you don't have a worker's compensation attorney, you should probably have one instead of handling a case of this nature on your own. Contact a workers compensation attorney in your area and get a free consultation. Any fees for the attorney is paid out of the settlement and you do not have to pay out of pocket. The attorney can explain the entire process and the range of settlement values. You can get a much better answer speaking to an attorney where questions can be asked by each of you.
Answered on Dec 06th, 2012 at 11:26 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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In workers comp, the maximum is 300 weeks x 2/3 of your average weekly wage of more than one body part was injured. Otherwise, you are limited to a number of weeks assigned to the body part. This is the limit for permanent impairment. There is no limit to what you can receive for medical treatment, including future medical treatment (however, to qualify for future treatment after you have been release by the doctor, the doctor will have to give an opinion that you will need future medical treatment to remain at your current level of functional capacity).
Answered on Dec 06th, 2012 at 11:18 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Your doctor may be able to tell you about the future expense. There are vocational people who can give you a report on such things .if you don't have a lawyer get you a comp lawyer to help you here. Meniscus is pretty common and you should be OK but if there is any question about the future you need some help to prep your demand.
Answered on Dec 06th, 2012 at 11:17 PM
No there is no maximum but in Iowa the value of your claim is driven by either industrial disability or simple functional impairment. Now my answer assumes there is no third party case and you have only a workers' compensation claim.
Answered on Dec 06th, 2012 at 9:14 PM
You should consult with and/or retain a plaintiff's worker's compensation lawyer for a complete evaluation of your case, including your injuries, current and future medical treatment and prognosis and your damages.
Answered on Dec 06th, 2012 at 9:09 PM
Intellectual Property Attorney serving Long Beach, NY
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Rosenbaum & Segall, P.C.
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Since you were injured at work, you might be entitled to workers compensation benefits. These typically pay about 2/3 of your average weekly wage per week plus reasonably necessary and work injury related medical bills. Be sure that your employer has reported your injury to its workers compensation carrier. The employer has 21 days from the date of the injury to accept it and start paying or deny it. If denied, you will need to file a claim.
Answered on Dec 06th, 2012 at 9:03 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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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 that 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. You mention that this was construction work. If this is in NY and there was a fall from an elevated height or failure to provide safety devices, you may have an additional cause of action against the project owner.
Answered on Dec 06th, 2012 at 8:16 PM