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  1. #1
    Join Date
    Aug 2007
    Posts
    2

    Default Settlement with Very Slight Disability

    I have received a permanent disability rating of 5% of fifth finger, 1% hand, 1%arm, 1% whole body. My claims manager said that for a settlement she could offer 1200, plus 845 for disability, and 200 for work missed. I thought this sounded like a pretty good settlement however I am not familiar with this sort of thing. My only hesitation is that before i was injured I had given my notice (4mos notice) so at the end of 4 mos I was replaced and the job I was leaving for requires that you have no medical restrictions b/c of that I was unable to return to work. I will not be able to return until the end of Aug. That gives me two months without pay of about 3000/mo at my new job. Can I ask her to factor that in? Also, The Claims adjuster is very non communicative (to be kind) I have been trying to reach her since the beginning of July regarding workmans comp, should I push the penalty or let it go? Can't really afford to wait to long for money, especially if it would be a settlement that would be roughly the same after I pay for lawyer. I know this a long post and appreciate any help

  2. #2
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,930

    Default Re: Settlement with very slight disability

    Suzp, to answer your question there is more information needed. We would need to know your weekly comp rate, what your TTD is or would have been, for starters. How much if any time did you miss from work due to the work related injury? (Do not include any time that you will miss after you resigned)

    Also you don't mention anything in that "settlement" offer that suggests you will have any type of future medical treatment covered or a payment in lieu of future medical treatment .

    Just to make sure, you are in Georgia with a Georgia WC claim correct?

    If you will get back to me in regards to these things I will help you all I can.

    In regards to them paying you based on the fact that you resigned from your previous job, most likely that will not be compensable. The reason being you you are not missing work due to your injury you are missing work and a paycheck due to your resignation.


    Now I have a question for you. Are you familiar with the Americans with Disabilities Act of 1990 and what discrimination equals where the ADA is concerned? Check this out for more information:

    http://www.ada.gov/pubs/ada.htm

    After you have reviewed that do you think the company you plan to work for is operating legally? THEY ARE BREAKING THE VERY FOUNDATION that the ADA is based on . Them not allowing you to work based in any way in relation to a disability you may have, (degree of disability or impairment is irrelevant BTW), or even one they may regard you as having is highly ILLEGAL. Did they come right out and tell you that you could not come to work there if you had any type of disability? Did they even suggest that they would offer you a reasonable accommodation for your disability? Think about this, do you really want to work for anyone that has so little regard for the law? I sure as heck wouldn't. Regardless of what kind of salary they offered.

    Once you get back to me with the answer to those questions I can give you a fairly accurate guesstimate on the PPD portion of your settlement. In the mean time I will have to hunt down my rating charts. And just so you know at a glance those figures look very and I do mean VERY low, IMHO.

    Take care,

    Steel
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  3. #3
    Join Date
    Aug 2007
    Posts
    2

    Default Re: Settlement with very slight disability

    I am in GA with a WC claim. My TTD should have the $348. I missed eight days of work. I made $470/wk before the injury. The nature of my injury was lacerated flexor tendon in my right fifth finger & nerve damage. I haven't received the settlement offer in writing yet so I don't know about the future medical yet.
    Just to clarify on my other employer, I am a flight attendant who was on furlough beginning dec 1, 2005. during that time I worked as a manager for another company and March 2007 was recalled to a flight attendant position. The DOT & FAA have pretty strict regulations on air crew. Since I was not able to fly a trip they couldn't return me to payroll so they extended my furlough until I am released by my doctor.
    Part of the reason I am wary about this settlement is I had a very small OJI with my airline (passenger bag fell on me) and it was handled extremly well. So, I know what a workers comp claim is supposed to look like, I know that this was handled very poorly by all involved. Thanks for you help.

  4. #4
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,930

    Default Re: Settlement with very slight disability

    OK Suzp I missed this the first time around sorry. What is a fifth finger? In the schedule hand digits are listed as Thumb, index, middle, ring, and little. There is no fifth finger listed please where this finger is in relation to your thumb. Also if your pre injury gross AWW was $470.00 then your TTD should have been close to $313.00 not $348.00. That is if there were not strip end of other benefits included in you gross AWW. Also what penalty are you referring to? Get back to me and I will be able to finish getting that guesstimate ready for you.

    If I understand you correctly in your new employer and the ADA are you saying that the airline industry is immune to the ADA laws? I am confused .

    Steel
    Last edited by SteelMagnolia; 08-09-2007 at 01:47 PM.
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

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