Results 1 to 5 of 5
  1. #1
    Join Date
    Jul 2009
    Posts
    3

    Default Disibility Above Impairment

    Hello,

    I injured myself in jan of 2009, my condition has reached MMI and i have seen all my doctors and have recived my PPI rating.

    My question is this, My attorney says workers comp is responsable for Disibility above impairment wich for me is said %, but are they responsable for paying said % untill i would likly retire at age 65? I mean if i settle my case would that come into play with my settlement value.

    Thankyou all Justin

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Disibility Above Impairment

    Ya know Justin, your attorney knows the facts surrounding your injury/claim, and the Idaho statues that govern the WC benefits you may be eligible for.

    We/members here don't. So any response would be generic at best.
    The state/WC web site is here http://www.iic.idaho.gov/worker/worker.html, including FAQ/s for IW's.

    How are impairment ratings paid?
    If a physician has given you an impairment rating, it usually is paid monthly until paid in full, although in some cases it can be paid in a lump sum. The insurance company is required to notify you of the benefit amount, which is based on 55% of the average state weekly wage (ASW) for the year the injury occurred, and is expressed in the number of weeks of benefits. For example, a 5% impairment would qualify for 25 weeks worth of payments, each equal to 55% of the ASW. The weekly payments are converted to monthly amounts and paid monthly.

    Is there a statute of limitation on income benefits? (top)
    You must first meet the filing and notice requirements. For more information on filing and notice, call the Idaho Industrial Commission at (208) 334-6000. If you have met these requirements, income benefits may still be subject to a statute of limitations.

    According to IC 72-706(3), if income benefits have been paid and discontinued more than four (4) years from the date of the accident causing the injury or the date of first manifestation of an occupational disease, you shall have one (1) year from the date of the last payment of income benefits within which to make and file with the commission an application requesting a hearing for additional income benefits."

    Also, if no benefits are paid during the first year after the injury, then income benefits may not be due thereafter. Contact your work comp insurance company or the Idaho Industrial Commission (208) 334-6000 for more information.http://www.iic.idaho.gov/faqs/faqs_b....html#benefits
    Basically, there is no simple answer to your question. Listen/consult with your attorney.

  3. #3
    Join Date
    Jul 2009
    Posts
    3

    Default Re: Disibility Above Impairment

    the problem im having is i think my attorney whant me to settle for almost nothing compared to the injury i had.

  4. #4
    Join Date
    Oct 2010
    Posts
    1

    Default Re: Disibility Above Impairment

    hello justin, you should take a moment to read the idaho statutes for your self. there you will find title 72 in it it will tell you that all you get is 52 weeks of money no matter how young you are. It also explains that if you were killed at work you would still only be worth 52 weeks. it is lousy to think that we are only worth 52 weeks no matter how bad we are injured. try reading the law for your self and you may find extra money for yourself that most lawyers skip, like noneconomic damages, that can get you up to $300,000.00. hope this helps
    Mike

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Disibility Above Impairment

    try reading the law for your self and you may find extra money for yourself that most lawyers skip, like noneconomic damages, that can get you up to $300,000.00. hope this helps
    Do you have a link to that page... I have never seen/heard of "non economic damages" in WC. Personal injury, maybe...

Similar Threads

  1. Whole Person Impairment vs. Body Part Impairment
    By ernndee in forum California
    Replies: 13
    Last Post: 05-09-2010, 05:39 AM
  2. Rate of Disibility Pay
    By craigk64 in forum Disability Benefits
    Replies: 3
    Last Post: 10-17-2008, 10:08 AM
  3. Been On W/C, Now There Talking Extended Disibility?
    By Knee'd Help in forum Legal Issues
    Replies: 0
    Last Post: 05-30-2008, 07:33 AM
  4. Disibility rating
    By km in forum Missouri
    Replies: 0
    Last Post: 09-15-2006, 02:44 PM
  5. Impairment Rating vs Whole Person Disibility
    By john in forum Medical Issues
    Replies: 3
    Last Post: 05-19-2005, 01:12 PM

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