Is a $12K settlement fair for a 4% P&S rating for a torn rotator cuff?

Asked 10 months ago - Brentwood, CA

Injured August 2011, fell on stairs, tore R rotator cuff; had MRI which showed 8mm tear, had 3 weeks of physical therapy and surgery offered as an option. Did not have surgery. Rated 4% loss of R shoulder, deemed permanent & stationery about a year ago. Earned $1627 wk at time of injury, paid $2990 perm disab indemnity, Zurich paid $338.59 total in medical bills. C&S of $12,010 offered. Is this a fair / typical settlement?

Attorney answers (3)

  1. George Ellis Corson IV

    Contributor Level 20

    7

    Lawyers agree

    Answered . There are a lot of missing pieces. Did you see a QME? Does the shoulder still bother you? You can only get 104 weeks of Temporary Disability within 5 years of your injury date, so you may want to have surgery within that window if you think you will need it. A 12K offer may or may not be reasonable, but your specific facts would have to be evaluated. You should compare a Compromise (12-15K full settlement) vs. a Stipulation (+/- $3,500 with open medical and further benefits). Obamacare insurance in 2014 does not have pre-existing condition preclusions (shoulder), but will also not pay you Temporary Disability if/when you need surgery.

    I represent Employers, but I can recommend Worker Attorneys in So Cal if you ask.
  2. V. Jonas Urba

    Pro

    Contributor Level 13

    7

    Lawyers agree

    Answered . Please discuss privately with a workers compensation attorney. They will need to know your education, training, work experience, exact job duties you perform, your age, overall physical condition, future employment prospects, and the list just keeps going on. Once they meet with you and see you in person they will probably automatically know whether the proposed settlement is in your best interests. Good luck.

    Not legal advice / No lawyer/client relationship.
  3. Brett A. Borah

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I agree with my colleagues.

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