Help Me Figure My Settlement

[Mark]

I've looked at the chart and it makes sense as far as what I'm looking at,I don't know how to figure the variable in my situation though.My rating has ended up at 36% for my right foot,I've been injured since Sept.06 and WC is paying me 386.00 a week.The surgeon wants to do a revision,I am skeptical and am considering turning that down and cutting my loss and taking the settlement and retraining offered.Other dr.'s say that the calcaneus fracture is almost impossible to fix,and can be made worse.Please help me figure a round about figure of what I'm looking at if I get out now.Thank you.

[Mark]

OK,why doesn't anyone ever help me when I post here?

[caribouman]

Well, cause we don't all just sit around all day long. What was the settlement amount that was offered? What kind of advice did your attorney offer?

[Mark]

There is a chart posted in another thread that shows you how to figure your settlement,if i don't take another surgery,it's all over.I've had my ratings already,it is 36%,I was paid 386.00 a week for 80 weeks.The chart shows different figures,the percentages are 25% at the highest and the payments per week are about a 100 bucks less than what I got,I just don't have the math skills to figure it.

[Mark]

Thanks spiritgirl,I just visited my attorney today and he explained everything.I'd like to know how you go about getting pain medication while they go through the motions after the doctors release,my attorney said go to a private clinic,no clinic here will take me.I can't get pain management or pain meds right now and I have permanent restrictions and written advice fro said Dr. for both.

[grhodes50]

There is a chart online for Oklahoma injured workers. Here's the link; http://www.owcc.state.ok.us/PPD%20PD...8-26-05%20.pdf

There are several charts depending on your injury, such as leg, arm, whloe body (such as a back injury) etc... These charts show weeks equal to your PPD percentage. It also shows the settlement amount equal to that percentage. This amount is shown at the max of $289 per week times the number of weeks your PPD percentage is equal to. The amount per week is determined by you wages at the time of your injury. I believe it is 70% of your gross weekly wage, but the maximum amount paid is $289 per week.

If you settle without an attorney they may offer you a little more than what the chart shows and pay you in one lump sum. They do this because the settlement will close your case and there are no future medical that wc will be responsible for unless you re-injury yourself at work and file a new case.

If you use an attorney and go to trial, you may receive future medical but the settlement amount is paid off weekly. Again the maximum paid will be $289 per week. The number of weeks is determined by what the chart shows your PPD percentage is equal to.

I'm not just talking bull here. I called my wc adjuster a few weeks ago and asked her about the chart. She confirmed the chart was up to date, in effect and accurate.

I just received an offer from wc and the amount was equal to the percentage on the chart. I do not have a lawyer and I'm not holding out for future medical so they offered a little more.

I asked a lawyer about future medical. He said in my case the most I would get would be 3 years. I asked wc and they said 2 years. The lawyer said after that I would be on my own. He also said if I had good insurance I could use my insurance if I needed to and take a settlement. I then would receive my money in one lump sum, otherwise I would have to hire an attorney, go to trial, pay the attorney 20% of my settlement and receive my money weekly until it's paid in full.

Just remember. you are not going to get rich or be able to retire with your wc settlement. I can't tell you what is fair for you. Only you can determine that. You may feel you have a need to hire an attorney or you may not. Check out all the facts and do what is best for you.

Good luck to all of you.

[grhodes50]

I think I posted the wrong link. Try this one;
http://www.owcc.state.ok.us/PDF/2006...l%20Report.pdf
If that doesn't get you to the charts go to CompSource Oklhoma's web site. You'll find the charts there.

[Mark]

Ok we're 1 month away from trial,if an offer isn't made that we can agree on.The doc says I'll never be the same again,permanent limp,and can never return to what I was doing before.I have the report.Now if that doesn't qualify for permanent disability then what does?My attorney says we can try for it but probably won't get it,I know I won't get as much as I'd like on my settlement because the system has back fired on us all,but I would think a bigger settlement would be in order to keep me away from more corrective surgery wouldn't you?My doctors all agree that more surgery might help.We haven't had an offer yet.Also,my checks stopped 3 weeks ago,then all the sudden I just got a months worth saturday!My attorney said they had to keep sending them because the doctor had given me permanent restrictions,but I can't find info on that anywhere,is it true?