I fell at work years ago and sustained a full rotator cuff tear in my other shoulder. (Unbelievable but true). It seemed like the same injury yet the workmans compensation settlement was double Almost . I did not get a lawyer last time because the settlement seemed fair. Do i need a lawyer to make sure i am getting a fair settlement? They paid all medical fees except what it took to keep my health insurance at work up to date (i was out of work for 3 months recovering from surgery.
I'm sorry to hear about your injury. Under your work comp claim you are entitled to compensation for any permanent injury to your shoulder. From your question I'm assuming that you received a 7% permanent partial impairment from your authorized treating physician. You have the right to request a second opinion on your rating if you have not already done so. Assuming that the 7% rating stands, under section 97 – 31 your benefits would be calculated as follows: two thirds of your average weekly wage times 240 weeks. That's assuming that you're back at work at the same job at the same pay. If your employer is trying to "clincher" your claim, which is another way of saying relieve them from any further liability for any additional medical costs or other compensation, the number would be subject to negotiation. I hope this information was helpful. If you wish to discuss this further, please feel free to contact me.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.