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  1. #1
    Join Date
    Aug 2010
    Posts
    3

    Default Knee Injury Settlement

    I tore my knee really bad back in 2006. I had surgery in 2008. The Dr. rated my injury at like 7%. Now the insurance wants to offer me a settlement. I have a lawer...they called last week and said the insurance wants to know if I wanted to settle. So I was wondering what they might offer me? I haven't been able to go back to construction since the injury and I really could use the money. Thanks.
    Last edited by duder9955; 08-02-2010 at 07:39 PM.

  2. #2
    Join Date
    Sep 2009
    Posts
    18

    Default Re: Knee Injury Settlement

    I too have had a knee injury (9-08) and am going through a 2nd surgery this month. I think it really all depends on several factors(if your represented , if you sell your future medical, etc). Ive seen posts on here ranging from 2000 to 200,000. I know how it feels to be in you postition. Hopefully you get what u think and you can go on with your life. Keep us posted...and good luck

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Knee Injury Settlement

    Seven percent pays 3 weeks for each 1% of the PD/WPI rating...21 weeks here. The PDA's are much less than the TTD rate. Right now about $230/week max. Depends on your DOI, AWW etc. 21 X 230 = $4830 indemnity due.

    When there is AA, a 9% - 12% fee will be awarded. Any FMC/Future Medical Care money you might be paid would also be subject to the AA fee. IF you are in need of additional medical care, ie knee replacement, you should think VERY carefully about cashing out this claim. You won't be compensated for the full cost of a TKR/replacement, nor the associated costs that go along with a surgery.

    When you C&R a claim, you are agreeing to accept liability for any FMC out of pocket, using the money you receive in the settlement.

    As the indemnity isn't all that much here, you could probably negotiate a stipulated agreement... cash out the indemnity, and leave the medical open. You also have five years from the org DOI/date of injury to petition the WCAB to reopen this claim for new and further disability. Not a bad deal there either.

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