How to Come Up With a Settlement Figure

**Crafts721** · 04-03-2012, 01:39 PM

My workers compensation claim was made in the State of: New Jersey
I was injured at work by falling on ice. I continued working during this whole time. I broke my butt and have nerve damage in my back and just had
disectomy C5-6 2-13-12 and have been out of work since then but should be returning in a week or two. The lady at workmans comp said I need to come
up with a number for a settlement offer. I would really like to not get an attorney. Can i just settle? How do you put a value on my injury. I have gone through therapy
and injections for two years. Just really dont know what to do. Thanks for any input. MMLA

**BvIA** · 04-03-2012, 03:49 PM

When you don't know the answer, or what to do, you consult with an attorney...there is no fee for consultation.
Message board isn't a good substitute for valid legal advice, you could be leaving valuable benefits...cash on the table by trying to handle this on your own.

**complwyr** · 04-03-2012, 06:16 PM

Why don't you want to involve an attorney?

By the way, the insurance industry is aware that injured workers with attorneys get larger settlements than workers without lawyers. They have all this data collected. That is why they want to settle with you now before you figure out that you need a lawyer to help you.

**Crafts721** · 04-16-2012, 05:34 AM

Just don't want to cause issues at my job. Still working there. Just hoped to give them a reasonable number and wondered what other people have gotten for same type of injuries. Thanks for your help.

**BvIA** · 04-16-2012, 06:55 AM

Quoting Crafts721

Just don't want to cause issues at my job. Still working there. Just hoped to give them a reasonable number and wondered what other people have gotten for same type of injuries. Thanks for your help.

What makes you think your ER will be on the hook?
The IC pays the settlements... not ER.
If you take a cash lump sum settlement, vs the weekly benefits based on your impairment/reduced earning capacity...you could see a voluntary termination included.

TALK to a WC attorney before you make any decisions. What others may have rec'd... has no bearing on your claim resolution. Others have not suffered the same type/extent of injury you have, nor recovered to the extent you have.

**bugmann** · 04-18-2012, 05:42 AM

Crafts 721

Welcome. I understand where you are coming from. If your employer is self insured this means they have hired a paper pushing firm to handle all the documents and the employer pays the bills as you rack um up. BvIA I think this is where Crafts may feel the Employer is "on the hook" or the employers rates may go up if there is a substantial claim if not self insured. Im not really sure how this end of things works?

The sad thing is you just may end up terminated from this employer a few months after returning. Especially if you are an at will employee.

It was inappropriate for the ins lady to ask you for a #. As your impairment award is based on the measurable amount of permanent disability that you are left with after corrective care. If you are able to return to work w/ no restrictions you are looking at a very low rating thus low award for impairment. You received your lost wages while you were out so you have been paid for lost wages. Pain and suffering has NO bearing on your award. All that is left is the measurable impairment you are left with. How this is typically done is you see your ins dr for a rating and if you had a lawyer you would see one of their Drs for ratings and you get awarded usually somewhere between the two ratings by litigation.

If you feel your job is still secure I understand your apprehensions of pushing up for your rightful WC benefits.

Just listen to what you are told and you seem bright enough to know what may or may not apply and just play it close to your chest until you know what it is you seek.

Sum it up yes you are entitled to impairment rating for your award. However your employer has the right to terminate your employment 8 weeks after returning to work without any recourse by you for wrongful termination. I think this is something sitting in the back of your mind and there would be good reason to consider this, but only you know and feel whats in the air where you are?

It will be hard to find any lawyer willing to tell you what you can expect. All lawyers I know of will say wait and see?

If you need to expand on this just write back as there are many great ideas that show up on this board.

Good luck

BUG