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What should my workmans comp settlement be?

Sonora, CA |

I broke my ankle in a fall at work. It took two surgeries to repair, one initial to repair then a second to remove hardware due to infection. I missed four months of work and recieved steady compensation from my employer. I believe I'm at 5% PPD although there has not been a final report done yet.
I would like to know rough calculations of my compensation for my impairment in both lump sum and payments based upon the 5%. Please explain how future medical works for me as I intend to stay with the company, and does that affect my overall settlement value?
Details: Male, 39yo, $992 weekly gross income and I was recieving $1762 every two weeks on workman's comp.

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Attorney answers 3

Posted

You've given us a lot of information but still not enough. Calculating permanent disability requires that we know your occupation and how many employees your employer had. What year were you injured? Does the doctor "apportion" to anything other than the industrial injury? There may also be some additional factors we need to look at. Is the 5% based on the treating physician? How good an author is he? Is it based on a Qualified Medical Examiner? In what specialty? Are there any "add-ons?" This really takes some analysis with lots more information. Once we have all of that, rating remains more of an art than a science.

I recommend you consult with a good workers' comp attorney. There are some good ones in the foothills. Find one here at www.avvo.com or at www.caaa.org. CAAA is the association for attorneys here in California who represent injured workers.

Posted

If you stay with the company, your medical will stay open if your ankle gets worse. You will probably get payments at 460 per week until the PD is exhausted. What you do not know is what the final value will be, so it is premature to guess.

Attorneys are very competitive. Choose the Best Answer so we know who helped you the most.

Brett A. Borah

Brett A. Borah

Posted

$460 every two weeks....$230 per week. Otherwise, Mr. Corson is, as always, spot on.

George Ellis Corson IV

George Ellis Corson IV

Posted

Damn. I knew I would make a mistake eventually... :-(

Brett A. Borah

Brett A. Borah

Posted

I understand the frustration. I thought I made a mistake once....turned out, I was wrong about that.

Posted

I agree with Mr. Borah, you need adequate representation. Based on the limited facts you have provided a 5% does not seem adequate. Good Luck!

Brett A. Borah

Brett A. Borah

Posted

I agree with Mr Montoya.