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Does your age matter in a workers compensation settlement?

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.

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Attorney answers 3


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 not meant and should not be construed to be the formation of an attorney client relationship. I practice Virginia Workers compensation law and Social Security Disability law.


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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Joseph T Ostrowski

Joseph T Ostrowski


There is a big difference in individual claims based on the injury, likelihood of your ability to return to work, whether you have a partial or complete disability. Do you have multiple debilitating injuries. Otherwise to a valid claim age is unimportant, and to "blow hot and cold" it is both objective and subjective in the analysis.


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.