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  1. #1
    Join Date
    Aug 2007
    Posts
    1

    Angry What's A Reasonable Settlement For A Burn Injury

    I received burns at work,covering from about three inches up from my ankle, and three inches down from my knee, all the way around my leg on my left leg.My right leg is about three inches up from my ankle half way around my leg until it gets to my knee then it goes about three quarters around including knee cap and all of the back of my knee.First offer was a little over 19,000 which was refused. Lawyer said a reasonable offer is 25,000 to 30,000 does this sound right?

  2. #2
    Join Date
    May 2007
    Location
    NC
    Posts
    16

    Unhappy Re: reasonable offer

    UNFORTUNATELY, that's how the wc system works. I absolutely disagree with the offer. I have been in my comp case for 9yrs. believe it or not. I am still not any where close to settling my case. I am only 34 now and was 25 when I got hurt. (back, I was a rn). One thing that I have learned is that there will be 5 offers. The last is usually the highest that they will go. I am totally disabled and taking so much pain meds for my back that I get Social Security. That doesnt even matter to wc. If you can stick it out. They would rather something tragic happen to you than pay any money. It sounds harsh but I have been told that by many attorneys. It will and can get very ugly and you will be followed by PI's. Try not to get too paranoid but just pay close attention to surroundings and always keep a camera. Especially if you may have a chance of returning to work at all. hope I didnt upset you too much. But I have been thru this for 9 yrs. and it has happened too me.
    NOEZRD4ME

  3. #3
    Join Date
    Dec 2006
    Location
    Pa.
    Posts
    925

    Lightbulb Re: reasonable offer

    Hi Plant, and Welcome to the Boards! I'm not sure how your State rates burns, Personally, I think it's low. Try this, go through your Local Yellow Pages, and check out other w/c Firms Websites. On there they show the cases they've Won, and you may be able to find a couple of injuries like yours that they've settled. That may give you an idea of what you may be able to look for as a fair settlement. Just a thought, and I Hope this Helps. and Best of Luck!!

  4. #4
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: reasonable offer

    Case values are based on benefits available in each state. Each has their own system and amounts and are not comparable. If the attorney practices work comp in your state then its likely they know the benefit structure and are in a better position to estimate your case.
    P.S.
    It's not the burn or it's size that's rated (unless for scarring) or for which the impairment is calculated; it's the functional losses (atrophy, loss of motion, work restrictions, strength,etc.). Those are usually fixed by a rating report.
    Last edited by .SH; 08-08-2007 at 04:40 PM.

  5. #5
    Join Date
    Jun 2007
    Posts
    341

    Default Re: reasonable offer

    In California your rating will depend on date of injury.

  6. #6
    Join Date
    Jan 2007
    Posts
    428

    Default Re: reasonable offer

    .SH is right on the Money. You will get compensation for scarring but the larger settlements have to do with mobility.
    If this burn has scarred you, but you're still able to get around OK then don't expect a huge settlement out of this. Ont he other Hand, if you are disabled from this then the settlement should and will be higher.
    Just don't give up and don't give in.
    Also, different States have different settlement Scales so what One Person gets in say, Texas would be somewhat different if you lived in New York.
    Good luck and I hope all the best for you.

  7. #7
    Join Date
    Mar 2011
    Posts
    3

    Post Re: What's A Reasonable Settlement For A Burn Injury

    We just finished a piece about the Myths surrounding the McDonalds hot coffee case:
    Serious Burn Injury – The Myth of the McDonald’s Hot Coffee Case
    Sheds some light on a really prominent example of burn injury litigation. The facts of the case are actually pretty surprising.
    Last edited by Lammergeier; 03-21-2011 at 07:20 AM. Reason: corrected mispelling

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: What's A Reasonable Settlement For A Burn Injury

    We just finished a piece about the Myths surrounding the McDonalds hot coffee case:
    That has nothing to do with WC... PI awards/settlements can be significant...in the millions... WC would seldom if ever be that kind of award, as the benefits for indemnity are predermined by statute.

    There are various ways states compensate IW's for loss due to injury.
    For unscheduled conditions, the approaches used can be categorized into four methods:

    Impairment-Based Approach. The most common approach can be categorized as impairment based. About 19 states use this approach to compensate for an unscheduled permanent partial disability. In approximately 14 of those states, the worker with an unscheduled permanent partial disability receives a benefit based entirely on the degree of impairment. Any future earnings losses of the worker are not considered.
    Loss-of-Earning-Capacity Approach. Roughly 13 states use this approach to determine the permanent partial disability benefit for an unscheduled impairment. This approach links the benefit to the worker's ability to earn or to compete in the labor market, that is, it involves a forecast of the economic impact that the impairment will have on the worker.
    Wage-Loss Approach. In the 10 or so states that use this method, benefits are paid for the actual or ongoing losses that a worker incurs. In some states, the permanent partial disability benefit begins after it has been determined that maximum medical improvement has been achieved. In states that use this approach, permanent disability benefits can simply be the extension of temporary disability benefits until the disabled worker returns to employment.
    Bifurcated Approach. In nine jurisdictions, the benefit for a permanent disability depends on the worker's employment status at the time that the worker's condition is assessed, after the condition has stabilized. If the worker has returned to employment with earnings at or near the preinjury level, the benefit is based on the degree of impairment. If the worker has not returned to employment, or has returned but at lower wages than before the injury, the benefit is based on the degree of lost earning capacity. http://www.ssa.gov/policy/docs/ssb/v65n4/v65n4p16.html
    Some states have scheduled loss awards, others pay indemnity based on WPI/Whole Person Impairment.

    Regardless of the manner by which IW are compensated... there is no such thing as a "reasonable amount". Neither side is ever happy.

  9. #9
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,340

    Default Re: What's A Reasonable Settlement For A Burn Injury

    Quote Quoting plant mechanic View Post
    I received burns at work,covering from about three inches up from my ankle, and three inches down from my knee, all the way around my leg on my left leg.My right leg is about three inches up from my ankle half way around my leg until it gets to my knee then it goes about three quarters around including knee cap and all of the back of my knee.First offer was a little over 19,000 which was refused. Lawyer said a reasonable offer is 25,000 to 30,000 does this sound right?
    Could you help us help you and give us the state you were injured in?
    Thanks.
    Knowledge is a beneficial tool for the injured worker!

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