California Worker's Compensation - Help For Injured California Workers

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  1. #1
    Join Date
    Oct 2008
    Posts
    21

    Default Workers Comp Settlements - How Much Did You Get?

    i understand that every case is unique and you can not base you case on another but do they vary that much that you cant even get an idea of what to expect. i am bringing this up because i am in a spot were i might loose my house bgut if i had a little cash to hold me for awhile i should be ok. i told my Atty: if they could give me a ballpark figure on the low side and that this will affect a major decision that i have to make. and he explained about the uniqque ness of every case and all the % that are in volved and after all athat we came up with $10,000 are you serious. im not greedy but i think that amount is not even close to what i have been through the last 2 years not to mention that my back will never be the same again. it kinda pissed me off and im hoping that i atleast get a little more than that. and i know that is a hard wuestion because thats the first question most people ask when they come here is . How much am i going to get?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: How Much Did You Get. WHY DOESNT ANYONE TALK ABOUT IT

    Your AA is right...there is no average, or usual award. It is all based on the final impairment rating.

    YOu are not going to be compensated for what you have been through the past 2 years...WC does not pay that kind of compensation...that would be thorugh a personal injury claim....

    The best way to get a idea of the potential value of your 'award', is to talk to your doctor... he can give you an idea of the % disability/impairment you are likely to experience due to your injury...but you won't get an exact number until you have reached MMI.

    There are a set/given number of weeks indemnity for each 1% of the rating. If you take a lump sum, you won't even get that full amount. The award would be paid in 'todays dollars'...an even greater reduction in the amount or value of your claim.

    My claim, over time, has a potential value in excess of about $2.2M ... that is IF I live that long, and the IC agrees to a lessor amount in a C&R.

  3. #3
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: How Much Did You Get. WHY DOESNT ANYONE TALK ABOUT IT

    the disability formula does not add up or otherwise take into account "what i have been through the last 2 years".
    I'll try to throw a number out there but need some information.....
    What is your disability rating e.g. the one from the state not the doctor's WPI?
    how much will you need for your future medical care?
    are there any other issues - 132a; TD; self-procured medical; etc.?

  4. #4
    Join Date
    Oct 2008
    Posts
    21

    Default Re: How Much Did You Get. WHY DOESNT ANYONE TALK ABOUT IT

    i will check some paperwork later. i believe the doctor (AME)already finished his report. i thought i would get one as well.

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: How Much Did You Get. WHY DOESNT ANYONE TALK ABOUT IT

    i believe the doctor (AME)already finished his report. i thought i would get one as well.
    ?...you mean get a report of your own, to accompany the AME report...?
    Why...? 1) if the AME report is favorable to you, there would be no need for addiitonal expediture/$$ for another.

    If the AME report is not favorable, the AA can depose the AME, the ER/IC pays for the deposition... there again, no need for you to pay out of pocket for another med/legal report.

    BTW... you may or may not receive a PD/WPI rating from the state/DEU, Disability Evaluation Unit, these are not mandatory and your claim can be resolved/settled w/o the DEU rating. Regardless, IF your claim is to go to trial, a DEU rating will be done at that time.
    Last edited by BvIA; 03-17-2009 at 01:50 PM.

  6. #6
    Join Date
    Oct 2008
    Posts
    20

    Default Re: How Much Did You Get. WHY DOESNT ANYONE TALK ABOUT IT

    BViA - can i ask what your injuries are? thanx.

  7. #7
    Join Date
    Nov 2008
    Posts
    162

    Default Re: Workers Comp Settlements - How Much Did You Get?

    im not sure why nobody talks about it.. i myself am going for the lifetime medical but would like to know how much others in my situation have recieved before in c&r settlements.

    anyone know of a website where someone might actually have talked about settlement amounts in ca?

  8. #8
    Join Date
    Mar 2009
    Posts
    12

    Default Re: Workers Comp Settlements - How Much Did You Get?

    My C&R settlement is for 12,500 that includes future medical byout and the Supplemental job displacement voucher. This is in the state of california My rating was 0 for foward flex 15 for lateral flex and left lateral is 15. I did not permanent disability only vocational rehab.

  9. #9
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Workers Comp Settlements - How Much Did You Get?

    BViA - can i ask what your injuries are? thanx.
    Cervical spine. Fight with a Christmas tree...

    im not sure why nobody talks about it.. i myself am going for the lifetime medical .
    There is no online information on C&R settlement, or Stipulated awards... they would not be relevant to your situation. Many C&R's include non disclosure clauses, and voluntary termination.

    ER's don't like EE/IW's talking around to other EE's how much they received in a settlement... that would have a tendency to encourage other EE's filing claims... lump sum cash payments become very attractive... especially in todays economy.

    The potential value of the PD indemnity is based on the rating..and the rating is based on your injury, impairment directly from the injury can affect that number...your job, wages etc. Ratings are complex and even doctors have difficulty with AMA and the PDRS...

    The value of the future medical is even more 'out there'... no two people would require the same FMC... again, the injury itself will determine that, and how your body responded as well as revovery success.

    Take an IW with a TKR/Total Knee Replacement...age 30... TKR is good for about 7 yrs depening...so future medical should include money for 2 maybe 3 more knees...the IC is probably not going to pay that lump sum... what "IF" the IW is killed in a MVA on the way home from the MSC...?. And don't think that isn't a consideration....What if the leg needs to be amputated before a second knee replacement...? Settlements don't inlcude FMC money for 'what if's'.

    i myself am going for the lifetime medical
    There are 2 ways that is possible... you and the CA agree/stipulated to the rating and need for additional medical care...and only the body parts in the stipulation will be included w/o future litigation. PD paid out, medical open.
    Or... a Finding w/Award & Order...basically a trial, with the judge ''forcing'' the stipulation...PD paid out... medical open. The problem with a trial is you could conceivable get a 'take nothing' F&O...Maybe not likley...but it's happened.

    Future medical is not necessarily ''lifetime''... all treatment is still subject to ACOEM/MTUS/EBM, and the UR process...possibly PQME/AME and hearing.
    FMC covers the 'normal progression' of your injury/illness... basically 'couch potato' status... if you RTW, or are active in other activities...making the connection to your org injury, or stipulated body parts can be difficult if you don't have a PTP that takes the time to go to bat for you.

    Whether you settle by Stipulation, F&A/O, or C&R, your attorney is gone.

  10. #10
    Join Date
    Jul 2008
    Location
    California
    Posts
    1,900

    Default Re: Workers Comp Settlements - How Much Did You Get?

    [QUOTE=BvIA;114863]Cervical spine. Fight with a Christmas tree...

    BvIA, your funny...

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