Does your age matter in a workers compensation settlement?

Asked almost 3 years ago - San Diego, CA

The insurance company is willing to come to a settlement at the rating of 20 for my disability between my lawyer and i, but my attorney said that since i was born in 1987 it will decrease my settlement.

Attorney answers (3)

  1. George Ellis Corson IV

    Contributor Level 20


    Lawyers agree

    Answered . Age is important, period. The Doctors will give you a Whole Person Impairment based upon your injury. That number is modified up or down based upon your occupation at time of injury, and up or down based upon your Age on date of injury. 40 is standard age, and modification increases as you vary from that mid-point. The rationale is that younger people have more time and capacity for recovery, and more opportunity to change career path after injury.

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  2. Amanda Lynn Deering

    Contributor Level 12


    Lawyers agree

    Answered . Age can be a very important factor in settlements. Medical reports go through a process called "rating" in order to turn your disability into a dollar figure for settlement purposes. Age and occupation affect your rating, so not everyone with similar disabilities will be given the same settlement. Each case is unique.

    If you are younger, it's presumed that you will eventually recover or adapt to the disability easier than an older worker might.

    You should give your attorney a call and discuss exactly how your age has impacted your particular settlement.

    I wish you the best on wrapping up your case, and I hope that you have a speedy recovery.

    This response is not legal advice and does not create an attorney/client relationship.
  3. Gerald Gregory Lutkenhaus

    Contributor Level 18


    Lawyers agree

    Answered . Your age is important if the settlement involves a lifetime annuity based on your life expectancy.

    This response is meant to be information only and should not be considered to be legal advice. This information is... more

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