New York Worker's Compensation - Help For Injured New York Workers

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  1. #1
    Join Date
    Sep 2009
    Posts
    6

    Default How to Calculate Settlement

    Hi there,

    I have just reached MMI and am wondering where I go from here. I had an injury to my shoulder and have been rated at 44%. I am trying to figure atleast a ball park calculation of what my case is worth as my lawyer said they will be moving to close my case very soon. Any help would be appreciated.

  2. #2
    Join Date
    Jan 2009
    Posts
    54

    Default Re: How to Calculate Settlement

    Quote Quoting nikoleb View Post
    Hi there,

    I have just reached MMI and am wondering where I go from here. I had an injury to my shoulder and have been rated at 44%. I am trying to figure atleast a ball park calculation of what my case is worth as my lawyer said they will be moving to close my case very soon. Any help would be appreciated.
    A shoulder at 100% is 312 Weeks. If both sides agreed on 44% that would be (about) 137 weeks.

    If you multiply 137 x the weekly WC wage you were receiving when you were off, that would be your settlement. Out of that figure you would have to subtract the amount you were paid while you were off work.

    Example: 137 x $550 = $75,350. From this figure you would then subtract what you've been paid while off work along with any attorney fees.

  3. #3
    Join Date
    May 2010
    Posts
    3

    Default Re: How to Calculate Settlement

    is there any place to learn how calculation settlements work? When I was interviewing firms to represent me, they all wanted me to sign paperwork on the spot. I guest that's because the case was already set (not disputed) and I had already undergone spinal surgery. Is there a place/way to figure out what a spinal surgery settlement would look like? I am afraid that I may need additional surgeries in the future so I am not interested to settle on medical.
    Thanks.

  4. #4
    Join Date
    Jun 2010
    Location
    Florida
    Posts
    46

    Default Re: How to Calculate Settlement

    The other poster is right your shoulder @ 100% is worth 312 weeks of payment of the amount you get from workers comp NOW and in NY the max is $400.00. You stated they have you at 44% so that is 137 weeks times the $400 MAX NYS pays which is 54800.00, then you have to give back what they paid you already and then deduct your Attorney fees from this amount. As for future medical treatment you would have to pay this out of pocket and remember this. NO PRIVATE INSURANCE is going to pay for a work related claim so if you settle make sure you are ready to pay for any treatment for your injury on your own. Here is a link that explains the payments better and what parts of the body are worth for a WC settlement,
    Good Luck on whatever you decide.
    http://criscuololaw.com/workers_comp...oss_award.html
    I am here to support my Wife who was injuried on the job in 2004 and fighting the system.

  5. #5
    Join Date
    Sep 2008
    Location
    New York State
    Posts
    147

    Default Re: How to Calculate Settlement

    Wifes Support-

    The $400 MAX was the max back in 2007. Since then, it has increased and IW are entitled to those benefits depending on the DOI.


    Here is a link from the NYSWCB website detailing the monetary changes

    http://www.wcb.state.ny.us/content/m...shBenefits.jsp

    And here is a link from the same site. Go to the last pg which is the SLU chart showing degrees disability.

    http://www.wcb.state.ny.us/content/m...pp/mdguide.pdf

  6. #6
    Join Date
    Jun 2010
    Location
    Florida
    Posts
    46

    Default Re: How to Calculate Settlement

    Hey Thanks for the updated pay scale, I should of looked when he joined the web site and that would of gave me an idea when he was injuried which would put him in the higer pay scale. I checked out the chart but didnt see anything for a injury for "BACKS" I was wondering if you knew what % they use for that for someone that is rated at 100% by both the IC and there own Dr.
    Thanks for the updates
    I am here to support my Wife who was injuried on the job in 2004 and fighting the system.

  7. #7
    Join Date
    Sep 2008
    Location
    New York State
    Posts
    147

    Default Re: How to Calculate Settlement

    Back injuries would not fall into the SLU (scheduled loss of use) and would be considered a Classification.

    Trying to come to a ballpark figure on any kind of settlement is a process that should be coordinated between the IW and legal counselor as those are the people that are more informed of every aspect of their claim.

    There are too many variable on a case-by-case basis to come to a settlement figure. The IC tries to low-ball a figure while the AA tries to get as much as possible for their clients.

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