What can I expect, we are at the rating and settlement part of my workers comp case. I need help.?

Question

Long story short,

I was injured at work just about 2 years ago. After Dr's, Surgery and Rehabilitation..I am worse than before as the surgery created anothr problem. This is nerve damage in my dominate arm. I am unable to drive, write, open a drink let alone do my old job.

Workers Comp has been great. There is no disputing my injury, they agee with that. I am a real case.

I live in California. We are done with the Dr's and it seems this is the way I will be with the potential for getting worse due to a complication from the healing.

We were told to tell the Dr we would like to be rated...

what will happen next?

What kind of settlements do people get or hat can I expect.

I need help as I can't use my god given talents due to this injury to care for myself and family.

Answer 1

Wow, sorry about your injury.  This is a Permanent Partial Disability (PPD) or a Permanent Partial Impairment (PPI)

If you have no sensation on your arm it depends on the where you start having problems.  Anything below the elbow plus your fingers, hands and wrist might be included.  The reason I say "might" is that some states rate the whole arm and some rate individually.  Lets say you lost 75% of the arm below the elbow because of nerve damage.  You might be looking, and remember each state is different, maybe between $20-25k for an arm.  If it's the entire arm shoulders down your PPD/PPI value will be much more higher than that when you lose below the elbow.  Remember the value is based on 75% of a lose, so you might have a different value thus different monies owed.

Unfortunately some states don't give out pain or suffering or "residuals" but again, each state is different than the other.  For instance HI offers a small "residual" for big cases.

What will happen is that you will go to a closing exam which is required.  If it's your regular doctor that is going to look at it he will rate you by taking you through a bunch of tests like range of motion, strength and what not.  It normally takes about 1-2 hours depending one the tests.

Also can you work for your old company?  If not you qualify for vocational rehab.  But if you don't feel like going back to school perhaps you might want to talk about settlement to on top with your PPD.  But if you want to go to school, by all means go to school and perhaps you'll find a job that will accommodate your skills.  But to qualify VR there are more than just not coming back to work.

Also why did it get worse?  Was surgery the only way to improve your condition?  If it was what was the percentage of a successful procedure?  If it was 95% sucess and you where the 5% than you might have a mal-practice suit.  If you are going this route make sure you got a strong case.

Also before you "close" the file make sure if you qualify for any lifetime benefits, such as Rx and regular check ups with your doctor.  This is what some call palliative care.

Good luck

Answer 2

Your settlement is going to be based on loss of future earnings, and future medical costs.   You don't get pain and suffering with Workers Comp.  

Sorry about the problems.