Tennessee Worker's Compensation - Help For Injured Tennessee Workers

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

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

Page 1 of 2 12 LastLast
Results 1 to 10 of 13
  1. #1
    Join Date
    Jan 2013
    Posts
    5

    Default What Kind of Settlement Do You Get for Back Injury With Permanent Disability

    I am in mid twenties and have had back problems that have been covered by WC. I have had 3 epidurals that resulted in neg, and 5 months ago had micro discectomy surgery. Most of the pain is gone. However, after 2 months of PT the doctor has reached my MMI as not being able to lift more than 30lbs....At mid twenties....My Impairment rating is going to be released shortly. My current employer (the one i got the injury from) Will not allow me back at all with this impairment. What should I ask for if a settlement arises? If WC tries to short me in settlement terms I will be using my lawyer that is lined up. What should I expect as a settlement?

  2. #2
    Join Date
    May 2010
    Posts
    408

    Default Re: Ruptured Disc, Surgery, Cannot Lift More Than 30lbs is Mmi, What Kind of Settleme

    There is not enough information here to even guess. Your wage needs to be considered, the amount of perminate damage to your back, education level, ability to find other work. Future surgery, medication etc.You would best be served by consulting a WC attorney, it is free, and after you receive an offer, you can make arrangement to only pay him a percentage on what he is able to get you above that amount. I hope you feel better.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Ruptured Disc, Surgery, Cannot Lift More Than 30lbs is Mmi, What Kind of Settleme

    Quote Quoting Ruptureddisc View Post
    I am in mid twenties and have had back problems that have been covered by WC. I have had 3 epidurals that resulted in neg, and 5 months ago had micro discectomy surgery. Most of the pain is gone. However, after 2 months of PT the doctor has reached my MMI as not being able to lift more than 30lbs....At mid twenties....My Impairment rating is going to be released shortly. My current employer (the one i got the injury from) Will not allow me back at all with this impairment. What should I ask for if a settlement arises? If WC tries to short me in settlement terms I will be using my lawyer that is lined up. What should I expect as a settlement?
    You are entitled to the weekly PD indemnity associated with the final PD rating.
    Not a cash settlement. Oh, of course you'll be offered one, to close out the claim.
    What do you mean by "short" you...? The PD indemnity is predetermined number of weeks at your TTD rate. A cash settlement would be reduced to todays dollars vs letting it pay out over time.

  4. #4
    Join Date
    Nov 2012
    Posts
    45

    Default Re: Ruptured Disc, Surgery, Cannot Lift More Than 30lbs is Mmi, What Kind of Settleme

    You can play games with WC or get a lawyer. At your age there is a lot to use by choosing to represent yourself. You can try to negotiate with a lawyer but i doubt a lawyer with skills will play that game.

  5. #5
    Join Date
    Jan 2013
    Posts
    5

    Default Re: Ruptured Disc, Surgery, Cannot Lift More Than 30lbs is Mmi, What Kind of Settleme

    I'm just waiting to see my rating and what WC initially offers before I commit to a lawyer. When I said I don't want to be shorted, I mean if they don't offer medical coverage or simply try and pay me off with a weak settlement. Thanks for the advice!

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

    Default Re: Ruptured Disc, Surgery, Cannot Lift More Than 30lbs is Mmi, What Kind of Settleme

    How would you know if the settlement offer is adequate?
    No one on a message board knows the facts specific to your claim...no one can tell you if the offer is good/bad/indifferent.
    IW's who do not have the benefit of legal counsel... are typically their own worst enemy.

    I can tell you though, you will NOT be paid sufficient in future medical money to pay the potential cost of treatment you may seek.
    Nor would you typically receive the full value of your PD indemnity... that would be paid at a discounted rate in todays dollars.

    Attys generally will review and give you a legal opinion without charging... fees would come from any recovery you may see.

  7. #7
    Join Date
    Jan 2013
    Posts
    5

    Default Re: Ruptured Disc, Surgery, Cannot Lift More Than 30lbs is Mmi, What Kind of Settleme

    Thanks for post that seems legit.

  8. #8
    Join Date
    Mar 2011
    Location
    Tennessee
    Posts
    67

    Default Re: Ruptured Disc, Surgery, Cannot Lift More Than 30lbs is Mmi, What Kind of Settleme

    Quote Quoting BvIA View Post
    You are entitled to the weekly PD indemnity associated with the final PD rating.
    Not a cash settlement. Oh, of course you'll be offered one, to close out the claim.
    What do you mean by "short" you...? The PD indemnity is predetermined number of weeks at your TTD rate. A cash settlement would be reduced to todays dollars vs letting it pay out over time.
    I'm sorry, but that information is simply wrong under Tennessee WC law.

    1. You can have a cash settlement, paid in a lump sum of any permanent disability benefits that might be due. That could be a settlement of just the permanent disability, or, if the date of injury is on or after June 6, 2011, there could be an offer to buyout future medical benefits as well.

    2. Permanent disability benefits, if there is no return to work, are subject to a maximum limit of not more than 6 times the medical impairment rating set by the doctor. Different doctors can disagree on this, and if there are multiple ratings, often compromises on those ratings are used as the basis for that calculation. As a younger person, even with some restrictions on lifting as stated, the multiplier is likely to be 3 times the rating or less. It is not an absolute pre-determined amount. There are limits and structure on how it is calculated, but a specific, set amount is not set out under Tennessee workers' comp law, i.e., there is no specific set of facts that guarantees any particular multiplier on any particular case.

    3. Permanent disability benefits for injuries to the back are considered as injuries to the Body as a Whole, with a maximum value of 400 weeks of benefits at the weekly compensation rate of 66 2/3% of the average weekly wage over the 52 week period prior to the date of injury. So, multiply the medical impairment by some multiplier (say 3, although it can be anything up to 6), and then multiply that times 400 weeks. Take the resulting number of weeks and multiply that times the compensation rate to get a total of PPD benefits.

    4. There is no specific reduction of a lump sum to present day value allowed in Tennessee workers' comp law. In other words, if the total number you reached above was $10,000 calculated over the time of the weekly payments (just to use a number), they don't automatically drop it to a lower number (say $8000) just because it's paid as a lump sum. That doesn't mean that an IC wouldn't take into account the present value of periodic payments into account in making an offer though, just that there's not a set reduction in the law for paying something as a lump sum versus paying weekly payments.

    5. Settling future medical benefits is another matter altogether. You don't have to do it if you don't want, but you might get more cash if you do (especially if you don't think you'll need more treatment). As you had a back surgery, some Courts or the Dept. of Labor may be hesitant to approve a settlement that closes those rights out, anyway. The amount of that is pretty much wide open to negotiation, with no set structure or cap on how it would be calculated.

    It's good to try to be helpful, but there's a reason why I only comment on the Tennessee board. I know Tennessee workers' comp. Any other state would just be guessing for me.

  9. #9
    Join Date
    Jan 2013
    Posts
    5

    Default Re: Ruptured Disc, Surgery, Cannot Lift More Than 30lbs is Mmi, What Kind of Settleme

    Thank you very much Guru!
    Quote Quoting WCGuru View Post
    I'm sorry, but that information is simply wrong under Tennessee WC law.

    1. You can have a cash settlement, paid in a lump sum of any permanent disability benefits that might be due. That could be a settlement of just the permanent disability, or, if the date of injury is on or after June 6, 2011, there could be an offer to buyout future medical benefits as well.

    2. Permanent disability benefits, if there is no return to work, are subject to a maximum limit of not more than 6 times the medical impairment rating set by the doctor. Different doctors can disagree on this, and if there are multiple ratings, often compromises on those ratings are used as the basis for that calculation. As a younger person, even with some restrictions on lifting as stated, the multiplier is likely to be 3 times the rating or less. It is not an absolute pre-determined amount. There are limits and structure on how it is calculated, but a specific, set amount is not set out under Tennessee workers' comp law, i.e., there is no specific set of facts that guarantees any particular multiplier on any particular case.

    3. Permanent disability benefits for injuries to the back are considered as injuries to the Body as a Whole, with a maximum value of 400 weeks of benefits at the weekly compensation rate of 66 2/3% of the average weekly wage over the 52 week period prior to the date of injury. So, multiply the medical impairment by some multiplier (say 3, although it can be anything up to 6), and then multiply that times 400 weeks. Take the resulting number of weeks and multiply that times the compensation rate to get a total of PPD benefits.

    4. There is no specific reduction of a lump sum to present day value allowed in Tennessee workers' comp law. In other words, if the total number you reached above was $10,000 calculated over the time of the weekly payments (just to use a number), they don't automatically drop it to a lower number (say $8000) just because it's paid as a lump sum. That doesn't mean that an IC wouldn't take into account the present value of periodic payments into account in making an offer though, just that there's not a set reduction in the law for paying something as a lump sum versus paying weekly payments.

    5. Settling future medical benefits is another matter altogether. You don't have to do it if you don't want, but you might get more cash if you do (especially if you don't think you'll need more treatment). As you had a back surgery, some Courts or the Dept. of Labor may be hesitant to approve a settlement that closes those rights out, anyway. The amount of that is pretty much wide open to negotiation, with no set structure or cap on how it would be calculated.

    It's good to try to be helpful, but there's a reason why I only comment on the Tennessee board. I know Tennessee workers' comp. Any other state would just be guessing for me.

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

    Default Re: Ruptured Disc, Surgery, Cannot Lift More Than 30lbs is Mmi, What Kind of Settleme

    Quoting BvIA
    You are entitled to the weekly PD indemnity associated with the final PD rating.
    Not a cash settlement. Oh, of course you'll be offered one, to close out the claim.
    What do you mean by "short" you...? The PD indemnity is predetermined number of weeks at your TTD rate. A cash settlement would be reduced to todays dollars vs letting it pay out over time.
    I'm sorry, but that information is simply wrong under Tennessee WC law.

    1. You can have a cash settlement, paid in a lump sum of any permanent disability benefits that might be due. That could be a settlement of just the permanent disability, or, if the date of injury is on or after June 6, 2011, there could be an offer to buyout future medical benefits as well.
    Is there a law that says you are "entitled' to the cash settlement of PD or FM ?
    That's why I used the word "entitled"... naturally there can be a negotiated settlement , in any state.

Similar Threads

  1. Settlement for Permanent Disability
    By cary4423 in forum North Carolina
    Replies: 2
    Last Post: 02-05-2013, 06:14 PM
  2. Back Injury Causing Permanent Disability
    By michael in forum Florida
    Replies: 4
    Last Post: 12-08-2012, 05:21 AM
  3. Replies: 7
    Last Post: 08-30-2011, 02:57 PM
  4. Disability Settlement for a permanent eye injury
    By ryan in forum North Carolina
    Replies: 6
    Last Post: 04-04-2009, 12:00 PM
  5. 100% Permanent Disability Settlement
    By madbiller123 in forum Disability Benefits
    Replies: 3
    Last Post: 03-05-2008, 07:24 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