For indemnity benefits, it is 400 weeks from the date of the accident or 350 weeks from the date of the accident if your benefit was been properly reduced to temporary partial disability. Subsequently, you may be entitled to permanency benefits.
By providing this general answer, no attorney-client relationship has been established. This general answer is distributed for informational purposes only and it should not be construed as a substitution for legal advice.
You are eligible for 400 weeks of benefits unlrss you have been on light duty for one year and the insurance company filed proper paperwork. In that case, you could get benefits for 350 weeks. More information would need to be known before your car could be evaluated. For instance, We do not know how much you get for weekly benefits or your disabilIty rating. You should get an attorney to help you evaluate your case properly.
To get the best result get a workers comp atty to assist you. The ins company does this everyday and is not there for your benefit no matter how nice the adjuster is to you
If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Connell is a Colorado attorney licensed in only that state. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.
As stated in other answers, you are entitled to benefits for 350 weeks from the date of injury if you have been released to light duty work, or 400 weeks from the date of injury if you have not been released to light duty work. After that you would be entitled to weekly benefits for permanent partial disability.
The question of settlement value of the case depends on a number of factors, including the amount of your weekly benefits, your education, work history and experience, severity of the injury, permanency of the injury, permanent impairment rating, and various other factors that affect the insurance company's exposure going forward. This is a question that you would need to discuss with a qualified workers' compensation attorney to get a meaningful answer. Most of us offer free consultations.
DOUGLAS F. KALEITA, P.C.
Every case is different, so coming up with a ballpark settlement number in your situation really can't be done without having an experienced workers' compensation attorney evaluate all of the unique aspects of your claim. As others here have posted, however, any settlement will almost always be less if you go it alone rather than hiring an experienced workers' compensation attorney to protect your rights and to guide you through the settlement process. For these reasons, I'd recommend you hire a workers' compensation attorney without delay. Thank you for your inquiry, and I wish you all the best with your claim and continued medical recovery.
Provision of information in response to this question does not create an attorney-client relationship and the questioner is encouraged to seek and retain legal counsel in order to discuss their question(s) further and directly with legal counsel. Respondent is licensed to practice law in Georgia before all Georgia courts for non-Federal matters with a primary focus on personal injury and workers' compensation. Respondent is also authorized by the Social Security Administration to represent claimants nationwide in Social Security Disability claims, and is admitted to practice before the United States District Courts for the Northern Districts of Georgia and Texas, respectively, for federal matters including judicial review of Social Security matters. The questioner is advised that some responses on this site are provided by attorneys who are not licensed in the respective jurisdiction of the questioner, and any advice from attorneys on this site concerning state-specific areas such as workers' compensation by attorneys who are not licensed in the applicable and appropriate jurisdiction should be viewed as for general educational purposes and should generally be given lesser weight than responses by attorneys licensed in the governing jurisdiction. Response to this question further assumes that the questioner is not currently represented by counsel, and if this is not the case, then it is recommended that any further questions or concerns be directed to their current legal counsel.
I have read some of the comments and would also suggest that you have an independent medical evaluation done to determine your permanent disability. That would give you a good insight as to what type of medical care you will need in the future as well as what limitations you have right now!
I did have a question for you. Have you applied for social security benefits? You may very well be entitled to those as well!