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  1. #1
    Join Date
    Oct 2007
    Posts
    4

    Default Settlement questions

    I was released from the doctor with a 5% permanent partial disability rating to my left upper extremity. I was offered $5671.50 to settle. Everyone else that I have talked to (friends, other employees) say not to settle for that amount. Will they ever offer me more? I am concerned that I will not be able to do my job much longer but my claims adj. said that the doctor signed off that I was fine to do my current job or any other job in the future and that the settlement offer was just for my time I was out of work. any help would be great!!

  2. #2
    Join Date
    Feb 2007
    Posts
    59

    Default Re: settlement questions

    what is your 66 2/3% or workers comp check amount that is your base.

    200(schedule of injury of arm) X 5%(your rating)X 1.5% X weekly amount =equals your settlement max

    1% instead of 1.5% will give you base amount

    hope that helps

  3. #3
    Join Date
    Oct 2007
    Posts
    4

    Default Re: settlement questions

    I'm sorry..I don't get the 66 2/3... my weekly compensation rate was $453.72..

  4. #4
    Join Date
    Feb 2007
    Posts
    59

    Default Re: Settlement questions

    that is your 66 2/3% that is what you multipy out to figure your base settlement. input that into the formula and that will get you your base amount I hope that helps but remember they are about the money not yourr future. Good luck

  5. #5
    Join Date
    Oct 2007
    Posts
    4

    Default Re: Settlement questions

    ok, so I got the base amount, which is less than what they offered me..but is that all they will offer me? A guy at work only had a 2% rating and got an offer of $10,000..he missed the same amount of time and everything...

  6. #6
    Join Date
    Dec 2006
    Posts
    2,165

    Default Re: Settlement questions

    Bionic, your 5% WPI should reflect your age and occupation, and then that is converted to the number of weeks for a 5% PD, at the amount/calculation of your average weekly earnings provided by Slick. THAT $$$ amount is your PD "entitlement" or "award". It does NOT include Future Medicals. Unfortunately, WC does NOT compensate you for "pain and suffering"...or the HASSLES that they have put you through...

    SO, what has your Doctor say about your need for Future Medical Care? Presciptions, surgery, Physical Therapy, Pain Mangement, etc??

    Generally, under WC, there are several ways to settle: A "lump sum" that includes your PD amount, any retro-TTD they may still owe you, etc,other benefits that you may be entitled to, AND Future Medical. IF you settyle by C&R, the IC is FOREVER OFF THE HOOK. PERIOD. If your arm gets WORSE, you are totlally disabled, that's IT. After you use up all your settlement money, you are on your own.

    The other form of settlement is an informal Stipulation, and open (lifetime) Future Medical. The IC will continue to provide reasonably necessary treatment for your work injury, even after all yourt PD benefits have been paid out.

    If either you or the IC can NOT agree on a Stipulated or C&R, then you go to Trial, and a JUDGE will determine. That is basically a "like" a Stipulation, except its the JUDGE who is deciding the issues for you AND the IC.

    Depending on the severity of your arm injury, and what Future Medical you may need down the road, it might be in your best interests to keep your Future Medical open, and NOT settle by C&R.

    Not being familiar with Tennesse Law, however, perhaps JLJ (a poster here and an excellent Tennesse attorney) can clarify things better for you.
    Last edited by Charles Stevens; 11-29-2007 at 05:42 PM.

  7. #7
    Join Date
    Oct 2007
    Posts
    4

    Default Re: Settlement questions

    The adjuster said that my doctor left notes saying that I could perform my current job and any other future job. I went back several times to my doctor because I was still in a lot of pain and I got nothing..no medication, nothing..a cortazone shot here and there..that's it...Whenever I have tried to contact my doctor about my pain..he says "oh that's usual..it will happen..it will take time.."..I really don't want to deal with my doctor anymore because I don't like him...now with my arm..yes, I could reinjureit..my job is very physical and my injury is commmon. I just dont want to short change myself as far as the money goes because at this point, I think I will be lucky to keep my job through the first of the year beacause of the pain but like i said before the adjuster said my doctor left notes that I was fine...i am just confused..not sure what to do...

  8. #8
    Join Date
    Dec 2006
    Posts
    2,165

    Default Re: Settlement questions

    Bionic, read the post and JLJ's reply to Knox...mayhve JLJ can explain things a little better for you.

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