How much does my job related injury worth? 16 Answers as of February 12, 2014

I have both rotor cup damage, torn muscle in my left and right arm had a surgery on my right arm. And I have been told by the surgeon that I have a hole in the center of my left arm and was told by another that it cannot be repaired and some lower back issues. I was a skilled trade’s man for 26 yrs and retired at age 65. These conditions are job related. I have had all the cat scans and medical records. They are offering $65,000 payout I was looking for a 2nd opinion on the buyout. They will pay 12,000 med expenses. My arms wake me up every night and I have to roll over to sleep, I try to sleep on my back but that does not work all the time.

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Workers comp law varies from state to state.
Answer Applies to: Michigan
Replied: 2/12/2014
You need to file a claim for worker's compensation benefits that cover temporary disability benefits , ongoing medical treatment and a settlement for permanent disability and future medical care.
Answer Applies to: California
Replied: 2/5/2014
Pius Joseph A Professional Law Corp. | Pius Joseph
Hope you have a lawyer and he consulted with your lawyer. Generally if you are self represented ,you tend to get short changed in these matters. If you plan to settle by a C&R(Compromise and Release), there are several questions.
1. Was there a QME or AME for P&S purposes?
2. What is your permanent disability rating? Next, you are 65 and you cannot settle the case without an MSA(Medicare set aside).
It is mandatory since it may affect your social security benefits without an MSA. So, you will better be served by legal representation since workers comp is a technical area,report driven and unusually difficult for someone without knowledge of the law and procedures to handle.
Answer Applies to: California
Replied: 1/29/2014
David Hoines Law
David Hoines Law | David Hoines
Consult a workers compensation lawyer in your area. No way for me to know because too many unknown variables.
Answer Applies to: Florida
Replied: 1/29/2014
Kirby G. Moss PC | Kirby G. Moss
Since a job injury, you are restricted to workman's comp which doesn't pay like regular tort claim might. These amounts are governed by statute so you might want to consult a work/comp attorney.
Answer Applies to: Indiana
Replied: 1/29/2014
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    If you were a skilled tradesman earning $30 - $40 per hour, your claim is worth very much more. In Illinois, it is NOT POSSIBLE to represent yourself unless you are willing to take far less money than you would ever pay an attorney.
    Answer Applies to: Illinois
    Replied: 1/29/2014
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    You don't give enough info to answer the question, but generally speaking, the value of your comp part of your case will depend on how disabled you are. The medical portion will depend on what your future medical needs will be. Case values vary significantly from case to case and place to place. Experienced comp lawyers are familiar with such values. Consider consulting one.
    Answer Applies to: Alabama
    Replied: 1/29/2014
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    IF you are referring to a workers' compensation case please note that there is no pain and suffering award in the payout but is what the carrier would pay out on your schedule loss and the amount they would pay to you for worker's comp scale wages for a period of time.
    Answer Applies to: New York
    Replied: 1/29/2014
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    Suggest you consult a local lawyer who regularly handles workers compensation matters. Your age may have an impact on how much an insurer will offer?
    Answer Applies to: Michigan
    Replied: 1/29/2014
    Ty Wilson Law
    Ty Wilson Law | Ty Wilson
    You should speak with a Georgia workers' compensation attorney.? If you are retired it may not be a comp claim as workers compensation tends to only be for injured workers.? Retiring ends the possibility of income benefits which provide the majority of the value of your comp claim.?? Georgia workers' compensation insurance companies are not required to pay you pain and suffering, it sounds as if you have and will continue to have both pain and suffering on-going potentially for the remainder of your life. They only have to pay what the future exposure is for your medical care, and income benefits unless you have retired then you have ended their exposure for that.
    Answer Applies to: Georgia
    Replied: 1/29/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    This is largely a mathematical exercise: There is a formula which puts together the body part(s) at issue, the percentage of loss of use and your average weekly wage prior to the injury. The challenge comes about when your dr gives you a higher disability rating than the comp dr.
    Answer Applies to: New York
    Replied: 1/29/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You seem to ne defining a worker comp case. settlements are based on what your bills are, what your wages were, and the percentage of disability determined by your doctor. Not much room to negotiate. Pretty cut and dried if you don't have a lawyer get you a good comp lawyer to review everything
    Answer Applies to: North Carolina
    Replied: 1/29/2014
    Pete Leehey Law Firm, P.C.
    Pete Leehey Law Firm, P.C. | Pete Leehey
    I'm almost sure that is not nearly enough money. I can't tell you what a reasonable payout would be without knowing more. One key missing fact is the amount of your weekly workers' compensation check. If you get me that information, I can at least narrow my opinion down a little bit. Based on the facts you have provided, there is probably a good argument that could be made that you are permanently totally disabled. That would surely put your entitlement at multiples of what is being offered.
    Answer Applies to: Iowa
    Replied: 1/29/2014
    Cloon Law Firm
    Cloon Law Firm | Bryson R. Cloon
    It is impossible to know without knowing your wage rate. You also indicated you retired-was this a timely-filed work comp claim before you retired. I am sorry, but just not enough information to give an informed opinion.
    Answer Applies to: Kansas
    Replied: 1/29/2014
    Lewis B. Kaplan | Lewis B. Kaplan
    The amount offered sounds like a lot of $$ but based on the fact that I have yet to see an insurance company pay a claimant who is unrepresented by a lawyer fairly I'm thinking this too must be a lowball offer . What is the claim actually worth ? Without knowing much more about nature and extent of the injury I'd only be guessing . In Illinois if the offer you have received is in writing a lawyer can charge a fee only on amount recovered over the amount of written offer . So with that in mind you need to sit down with a lawyer and go over all relevant facts on the claim
    Answer Applies to: Illinois
    Replied: 1/29/2014
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