QUESTION

What is the settlement for on the job accidents?

Asked on Apr 30th, 2013 on Personal Injury - Pennsylvania
More details to this question:
I fell at my work and tore my rotated cuff off. It was not repairable. I am 53 years old and have this permanent injury with permanent restrictions which will cause me to find a whole new career path. I will never have range of motion. Even if I replace the shoulder it is my right shoulder and I'm right handed. I feel I should be compensated fairly according to the severity of my injury. What is the protocol?
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18 ANSWERS

Ronald A. Steinberg
This is a workers compensation case. Typically, the employer's insurance company pays the reasonable charges for necessary medical treatment, and pays lost wages while you are incapable of working. When you look into the future, remember that a few thousand dollars can be spent in an instant if you need future medical treatment. Do yourself a favor. Get a qualified lawyer.
Answered on May 02nd, 2013 at 4:43 PM

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You are entitled to Workers' Compensation benefits for a torn rotator cuff [would limit your lifting capacity per to light work. You need to file an employee report of injury if your employer has not already done so, contact the WC insurance carrier and see what they are able and willing to do. Ask them what amount of permanent disability they would be willing to stipulate to. I would suggest you not give up your rights to future medical benefits unless you know you have a medical plan that will take care of the tear surgery would help with the pain and lifting capacity or they offer you a very large sum of money. You should also talk to a few employee/applicants WC attorneys to see what they are able to get you; they will charge around 11% but unless they can get you higher benefits it may not be worthwhile to retain one. Read the Nolo Press book on WC that will be in your local library.
Answered on May 02nd, 2013 at 3:06 AM

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Personal Injury Attorney serving San Diego, CA at Law Office of Evan M. Himfar
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I'm sorry for your injury at work. In general terms and under state law, employees are not allowed to file a personal injury lawsuit against their employer for any injury sustained while at work. Instead they can file a claim for workers' compensation. Workers' compensation was designed so that employees could receive a compensatory "quick fix" solution to their injury with a fixed monetary award pertaining to their injury type. This type of claim should be filed as soon as possible after the accident to enable the victim to receive their benefits quickly and efficiently. Having said this, it is possible in certain circumstances that you may well be able to file a personal injury claim alongside your workers compensation claim. This is something that a well versed California personal injury lawyer will be able to advise you on.
Answered on May 02nd, 2013 at 3:04 AM

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Car/Auto Accident Attorney serving Hacienda Heights, CA at Gary Lee Platt
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This matter is not a typical "personal injury," but is handled under Workers' Compensation law. You need to get an attorney who is experienced in W.C. cases so he/she can make a claim for you with your employer's W.C. insurance carrier.
Answered on May 02nd, 2013 at 2:22 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Normally a fall is worth nothing unless you prove negligence on someone else part. You did not say how or why it happened. The exception is worker comp. You will be compensated on the basis of your average weekly wages (a percentage) time the value of the whole shoulder times the percentage of disability given by the doctor. Whatever the sum it will not be large enough to take care of the rest of your life. Get you a good comp lawyer to help you max out your settlement. It is a mathematical thing but you need to make sure it is computed rightly.
Answered on May 02nd, 2013 at 12:29 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Worker's comp covers medical expenses and time out of work. You cannot sue your employer for negligence and damages for "pain and suffering" is not available. 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. There may be another possibility, if there some party other than your employer who caused the accident, such as a janitorial company.
Answered on May 02nd, 2013 at 12:18 AM

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Thomas Edward Gates
Workman Comp will determine your loss of use and provide you with compensation.
Answered on May 01st, 2013 at 12:07 PM

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Administrative Law Attorney serving Phoenix, AZ at Jennings, Strouss & Salmon, P.L.C.
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In Arizona it is very difficult to sue your employer for on the job accidents. It is most likely that you would instead receive workers compensation for your injury. I would recommend speaking with a local workers comp attorney.
Answered on May 01st, 2013 at 12:07 PM

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Your settlement will be based on a disability rating under worker's compensation laws and you are entitled to ongoing medical treatment and temporary disability benefits if you can't work and a settlement for permanent impairment and future medical treatment.
Answered on May 01st, 2013 at 12:07 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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Your exclusive remedy is workers compensation, so contact a good comp attorney to negotiate a settlement for you there's a schedule for the degree of impairment, your wages before the accident, etc.
Answered on May 01st, 2013 at 12:05 PM

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Personal Injury Attorney serving Milwaukee, WI
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Your compensation will be determined by workers compensation law. I trust you have retained a lawyer to help you ensure that you will be getting the appropriate compensation from the workers compensation insurer.
Answered on May 01st, 2013 at 12:05 PM

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James Eugene Hasser
In Alabama, if you have a permanent set of physical restrictions that prevent you from returning to your job, you are entitled to permanent disability benefits. These benefits come in 2 forms. One is Permanent Total Disability (PTD) if you are totally disabled from performing any job. If you are PTD, you are entitled to your full comp rate for life. The other is Permanent Partial Disability (PPD) if you can work in another job. These benefits are severely limited in amount and scope and are subject to a precise formula, depending on the pay rate of the jobs you can perform on the open job market. Medical benefits are open for life. When in doubt, talk to a lawyer familiar with workers compensation laws.
Answered on May 01st, 2013 at 12:05 PM

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John Hone
You have a work related injury, so you are in the Workers Compensation scheme. Contact a W/Comp attorney. You will be compensated for wages and medical. You will not be compensated for the severity of your injury, pain and suffering, etc
Answered on May 01st, 2013 at 12:04 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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See an attorney, the is a workers comp issue, and perhaps more.
Answered on May 01st, 2013 at 12:04 PM

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Employment Law Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
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You should contact a workman's compensation Attorney to assist you in your pursuit of funds rightfully owed to you. If you were injured at work, while on the job, the job should be willing to reimburse you for any harm caused.
Answered on May 01st, 2013 at 12:03 PM

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Hire a workers compensation attorney to insure you get all you are entitled to receive including medical, retraining and compensation. It is different for work place injuries than other types of injuries. Speaking with an attorney may also identify a party other than your employer that may have some liability that you could assert a claim against that is not subject to the limitations of worker's compensation.
Answered on May 01st, 2013 at 12:03 PM

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Workers Compensation Attorney serving Atlanta, GA at The Law Offices of Laura M. Lanzisera
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Have you filed a WC claim? Are you getting paid benefits? The value of the claim will depend on your medical status from your authorized doctor, your average weekly wage, work status, and disability rating.
Answered on May 01st, 2013 at 12:02 PM

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Workers Compensation Attorney serving Newtown Square, PA at Law Offices of Richard A. Jaffe, LLC
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I am very sorry to hear about your work-related shoulder injury. Based upon the information which you have provided, you would be eligible to receive Workers Compensation Benefits in the State of Pennsylvania which are based upon your loss of earnings. In addition, you would be eligible to receive reasonable and necessary medical treatment for your torn rotator cuff. In order to be eligible for Workers Compensation Benefits, it is imperative that you notify your employer that your injuries were caused by your work activities within 21 days of said injury. If you are already receiving Workers Compensation Benefits you may be eligible for a lump sum settlement via Compromise and Release Agreement, however, the "value" of your case depends upon many factors. The most important factor is your Weekly Disability Rate, and other factors include your age, the length of time that you have been receiving Workers Compensation Benefits, whether or not your case is currently in Litigation and, if so, the identity of the Workers Compensation Judge, whether or not you are receiving Benefits from a insurance company or your employer was self-insured etc. In order to properly determine the value of your case, it is recommended that you immediately contact an Attorney who is experienced in handling Pennsylvania Workers Compensation Claims. Please note that most Attorneys who handle Workers Compensation Cases do not charge for an initial consultation and will accept your claim on a Contingent Fee basis. If your injury occurred less than two years ago and you fell on premises that were not controlled by your employer you may have a third-party cause of action against the property owner. If you fell upon premises that were controlled by your employer, more than likely your only recourse would be receipt of Workers Compensation Benefits. These issues would also need to be discussed with an Attorney who is experienced in handling Workers Compensation Claims. Once you have retained counsel, negotiations can commence with the Workers Compensation Carrier towards a possible settlement of your Workers Compensation claim in addition to investigating the possible third-party cause of action.
Answered on May 01st, 2013 at 12:02 PM

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