Mississippi Worker's Compensation - Help For Injured Mississippi Workers

• Mississippi Worker's Compensation - Quick facts about worker's compensation law, benefits and lawyer fees.

• Mississippi Worker's Compensation Resources - Links and resources for injured workers.

Results 1 to 10 of 10
  1. #1
    Join Date
    Apr 2010
    Location
    Olive Branch, Ms.
    Posts
    2

    Unhappy How Does MMI Rating Translate into Settlement Money

    I'm a 38 yr. old male that has sustained an injury 8-28-09 being an A/C Service Tech. while servicing an intake vent, duct and booster motor which fell from the ceiling and knocking me from the ladder. This resulted in my Knee being "blown out" and me having Total Reconstruction Surgery on 9-15-09 trying to buy me time before Knee Replacements start. After being laid up and physical therapy for last 9 months, I have just been released from surgeon w/ a permanent anatomical impairment MMI rating of 9% to lower limb( knee), 5% body as a whole. Miss.WC has been paying me $266.68 a week since 8-28-09 to present. Miss. WC payment schedule is 175 weeks for lower extremity limb. I will have to have Knee Replacements in future. How is a settlement amount figured from my MMI rating of 9% ? Thx for any comments...

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: How Does MMI Rating Translate into Settlement $

    The MS WC site doesn't offer much on indemnity payments/awards. Basically you'd take the weekly rate, Xs 175 weeks, X 9%. That would give you the amount due to the knee impairment.
    $266.68 X 175 X 9% = approx $4200.00
    If you can't return to your pre injury job, you may be eligible for VR if available.

    If you are requiring future surgery on your knee, you should not close the medical in this claim. The carrier won't pay for a surgery you may or may not seek. You may not live long enough to have a TKR/knee replacement in 10 years. And, IF there were money provided for surgery, it's going to be paid in "todays dollars", that alone would mean significant out of pocket costs for you.

    Info on MS claims is here http://www.mwcc.state.ms.us/FAQ/_generalfaq.asp

  3. #3
    Join Date
    Apr 2010
    Location
    Olive Branch, Ms.
    Posts
    2

    Default Re: How Does MMI Rating Translate into Settlement $

    Thanks BvIA for your reply.. How depressing ! $42000 is a lot less than what I expected, I really dont know what I expected... I guess I thought it would be like an auto accident claim and receive 3x medical, which would have put me @ 300k. I will ask that medical be left open b/c their is future surgeries to come and hope that the negligence suit will compensate me for future financial stability, $42000 - 20% Attorney fee is not going to help for that long w/ a wife, 2 kids and all the normal bills that adults our age have. Thanks for any further input...

  4. #4
    Join Date
    Mar 2008
    Posts
    71

    Default Re: How Does MMI Rating Translate into Settlement $

    Think you mis-read BVIA's numbers. $4,200.00 not $42,000.00.
    "Broke down, busted up and outta gas"
    Gramps

  5. #5
    Join Date
    Jun 2010
    Posts
    1

    Default Re: How Does MMI Rating Translate into Settlement $

    Quote Quoting FirehouseSmokers View Post
    Thanks BvIA for your reply.. How depressing ! $42000 is a lot less than what I expected, I really dont know what I expected... I guess I thought it would be like an auto accident claim and receive 3x medical, which would have put me @ 300k. I will ask that medical be left open b/c their is future surgeries to come and hope that the negligence suit will compensate me for future financial stability, $42000 - 20% Attorney fee is not going to help for that long w/ a wife, 2 kids and all the normal bills that adults our age have. Thanks for any further input...
    I just wanted to point out they said 4200 not 42000! My husband works for the city of tampa and got hit by a car and his femur was broke in half ankle twisted and hanging on by a thread and lost the middle right finger and has a hammer ring finger, basically no use of his right hand which he is right handed so that sucks! He only received around 18000 which is nothing for what it has done to his life and his looks he has a limp and a f---ed up hand, he's only 37 so he has a lot of life to live still. It has changed everything about our lives! EVERYTHING and you will not get what you deserve, far from it! sorry i sound harsh I am just being totally honest with you. You have to go to the dr every year to keep your medical open or they will drop you! Then you get no medical care except for what you pay for! Good luck dont waste to much energy on what you will be paid cause it will be disappointing. Work on getting better!

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: How Does MMI Rating Translate into Settlement $

    WC is intended to provide wage replacement while you treat/recover from your injury. Naturally, medical treatment would be provide as long as there is necessity.
    Once you are stable/MMI it is expected the EE/IW would return to work.

    For all but the most serious injuries/illness that is what happens.
    Awards/indemnity is paid based on your reduced earning capacity or ability to compete in the open labor market where/if there is permanent partial/total disability or impairment as a result of this injury.

    WC is also a trade off... vs personal injury. In exchange for immediate medically necessary treatment, wage replacement and pre determined indemnity/awards, we give up the right to sue in civil/tort courts.
    With out the WC system, such as it is today....there would be NO TTD, NO medical unless you could pay out of your pocket, No access to comp courts to resolve disputed medical issues, and we'd stand to wait years possibly to get to court/trial with no guarantee of recover of any out of pocket costs. Did I mention atty fees... yes, those would be paid up front, including the court filing fees, deposition costs, expert witness fees... and the burden of proof would be on the IW. (remember, WC is no fault...?) None of a personal injury litigation is easy, nor cheap. And still after all that... no guarantee of any payment of lost wages, past or future, no return to work assistance, no real compensation for pain and suffering, or punitive damages. Even IF you are awarded recovery at trial, there is no guarantee you would ever actually see any cash. There is always the ability of the defense to file a BK. You'd still be responsible for the out of pocket cost though..including the atty fees.

    If you think you've "lost everything" under this WC system now... think of the alternative. (?) Potentially... na DA.

  7. #7
    Join Date
    Mar 2012
    Location
    Baltimore
    Posts
    5

    Default Re: How Does MMI Rating Translate into Settlement $

    That would give him 42000 not 4200 if you multiply 266 times 175

  8. #8
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,062

    Default Re: How Does MMI Rating Translate into Settlement $

    It is an old thread, but 9% rating for a knee reconstruction is bogus. Rating should be a lot higher than that.

    Jay Jay, he only gets 9% of the $266 x 175.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  9. #9
    Join Date
    Mar 2012
    Location
    Baltimore
    Posts
    5

    Default Re: How Does MMI Rating Translate into Settlement $

    Thats not true he gets 266 for 175 weeks x 9 percent

  10. #10
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: How Does MMI Rating Translate into Settlement $

    Quote Quoting Jay-jay View Post
    Thats not true he gets 266 for 175 weeks x 9 percent
    Jay Jay, he only gets 9% of the $266 x 175.
    = $4189.60

    Thats not true he gets 266 for 175 weeks x 9 percent = $4189.50

    Guess it depends on what math teacher you had....

Similar Threads

  1. Replies: 9
    Last Post: 05-21-2012, 06:55 AM
  2. Settlement Money
    By candyman03011 in forum Disability Benefits
    Replies: 1
    Last Post: 11-19-2009, 05:00 PM
  3. Settlement Money
    By candyman03011 in forum Disability Benefits
    Replies: 0
    Last Post: 07-19-2009, 01:46 PM
  4. I Received a Settlement but No Money
    By annabella in forum Legal Issues
    Replies: 2
    Last Post: 12-01-2008, 06:42 AM
  5. How Long After Settlement Do You Get Your Money
    By bunce_k in forum Pennsylvania
    Replies: 3
    Last Post: 01-07-2008, 05:58 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer