Hello , my Uncle had fall at work, he had 2 surgeries Knee(arthroscopy and lateral menistectomy, and partial ACL debridement) an Shoulder surgery ( Debridment and synovectomy with arthroscopy rotator cuff repair, work company has been paying all medical bills, Pt, and meds. Now he got maximun reached and a 7 % permanent disability, work company wants to settle the case, it is worth $40,000??
I am afraid that this is not the forum to answer your question, as it requires a complete file review. Why not visit yoiur uncle's lawyer with him and review the case with the attorney? If not satisfied with the analysis, get a second opinion, but bring a copy of the file.
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Your uncle should consult with a local workers comp attorney to discuss his case further. The point of contention would be the % or permanent partial disability (PPD) and the corresponding settlement amount.
If your uncle has a work comp attorney, his attorney is the best person to answer this question. His attorney will know and understand the claim far better than we will on this issue because we have not read the medical records, attended depositions, or spoken with your uncle. It is your uncle's decision to decide what is fair. Also, you must remember in workers' compensation, an employee is not entitled to pain and suffering and emotion distress damages.
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I wouldn't do it because worker's compensation settlements usually require the employee to resign and give up future medical benefits. Why not just use the WC benefits until not needed?
This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed.
Understand in comp there is no pain and suffering. It's weeks of wage loss and percentages of loss are measured by time out values for the impairment. So it may or may not be fair. Question is is 7% a reasonable eval for lower limb loss and upper body loss, and is 7% the figure.
Very difficult to answer your question without more facts. I strongly suggest that you consult with a local workers' compensation attorney. The consultation is free, and the lawyer can give you their two cents on whether the offer being made is adequate.
It is a good settlement if he can return to work either for the same employer or different employer. It is a bad settlement if he can no longer work for his employer or any employer earning the type of salary he made before.
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