California Worker's Compensation - Help For Injured California Workers

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  1. #1
    Join Date
    Nov 2012
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    2

    Default How to Calculate My Work Comp Settlement

    My workers compensation claim was made in the State of: California
    I've sustained a herniated disc in my lower back and have given a 12% whole body impairment with extensive future medical. I make $720 a week and am an architectual drafter. I was 23 at the time of my injury. I need a formula for figuriing some kind of ball park of what my settlement could be. I understand my percentage still needs to be adjusted by the state to incorporate my my age occupation and such. Also i was unable to return to my previos employer due to my injury. Thank you for taking the time to read this.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: How to Calculate My Work Comp Settlement

    Quote Quoting raiderh View Post
    My workers compensation claim was made in the State of: California
    I've sustained a herniated disc in my lower back and have given a 12% whole body impairment with extensive future medical. I make $720 a week and am an architectual drafter. I was 23 at the time of my injury. I need a formula for figuriing some kind of ball park of what my settlement could be. I understand my percentage still needs to be adjusted by the state to incorporate my my age occupation and such. Also i was unable to return to my previos employer due to my injury. Thank you for taking the time to read this.
    depends on what you mean by settlement.
    are you just looking for how many weeks/total amount of PD payments or are you looking to negotiate a buyout of all future benefits including medical?

    the PD rating will probably modify out to close to 10%.

    here's the table:
    http://www.pdratings.com/storage/2012pdchart.pdf

    if you compromise and release the claim the medical will be the big factor as you said it will be extensive.
    you and the doctors and your atty are to best ones to price out that.

  3. #3
    Join Date
    Nov 2012
    Posts
    2

    Default Re: How to Calculate My Work Comp Settlement

    i will be looking to buyout and i was under the impression my percentage would raise after going to the state since im so young and i am unable to return to my previous employer. There is no factor for lost wages?

  4. #4
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: How to Calculate My Work Comp Settlement

    Quote Quoting raiderh View Post
    i will be looking to buyout and i was under the impression my percentage would raise after going to the state since im so young and i am unable to return to my previous employer. There is no factor for lost wages?
    I don't know where you got that impression but according to studies younger workers are better able to mitigate the injury effect through out their longer working years then older workers and lowers the rating.
    you can look and the rating manual here ( the latest is for 2005)
    http://www.dir.ca.gov/dwc/DEU.html

    since you were not offered modified work the rate will increase 15% but having to change jobs doesn't modify the PD rating itself.
    not really. they added a Future Earning Capacity factor but it only moves the rating a few points up or down.

    ratings are complex and mine is approximate so best to wait for the state to issue their formal rating.

    for what you have to thru comp is pretty meager. many cases litigate for years and find out in the end it's only about 5K difference and they could've made that up in a couple paychecks.
    the process can be frustrating.

    for most the medical and the TD is where the biggest costs are.
    Last edited by .SH; 11-20-2012 at 04:41 PM.

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