There is never any guarantee of a cash settlement in a comp claim.
WC is all about paying benefits, including those associated with your 5% PD rating.
Where are you getting 500 weeks?Permanent partial disabilities. Compensation for permanent partial disability shall begin at the termination of the healing period provided in subsection 1. The compensation shall be in addition to the benefits provided by sections 85.27 and 85.28. The compensation shall be based upon the extent of the disability and upon the basis of eighty percent per week of the employee's average spendable weekly earnings, but not more than a weekly benefit amount, rounded to the nearest dollar, equal to one hundred eighty-four percent of the statewide average weekly wage paid employees as determined by the department of workforce development under section 96.19, subsection 36, and in effect at the time of the injury. The minimum weekly benefit amount shall be equal to the weekly benefit amount of a person whose gross weekly earnings are thirty-five percent of the statewide average weekly wage.
What is your body part/injury ?
Are you rated for scheduled loss, or whole person ?
The PD indemnity rate may be the same as your TTD weekly rate, or more/less... depends on your specific numbers...the basis of eighty percent per week of the employee's average spendable weekly earnings, but not more than a weekly benefit amount,. As you can see...average "spendable" is different than "average weekly wage"... TTD is calculated as a rule on gross wages... "spendable" may be considered after tax income, or net wages.
While the indemnity is predetermined based on the rating, there is no law that requires you to be paid for future medical care. If you require additional treatment, you should not C&R the claim, and take the indemnity benefits weekly, that leaves the medical open for you. You are not going to be paid for future medical near what the potential cost may be out of your pocket. They just don't pay that kind of money, and don't have to.
No reason for him to lie to you... you are not due more than the indemnity associate with your PD rating. And there is no law that says it must be lump sum. There are no monies for lost wages, past or future, your TTD wage replacement was the benefits there...PD indemnity...that's it.... so the time has elapsed that he plans to send me a check for around $11,000 which is nothing compared to lost wages, future medical bills etc.
Actually, MMI is Max Medical Improvement...a status where you have reached a stable condition.I just received mmi rating of 5%. Which is a bunch of crap.
The rating is PD/Permenant Disability, and done by your Dr based on your condition post recovery to MMI.
You can read about PD ratings and guides here 876—2.4(85,86) Guides to evaluation of permanent impairment. http://web.legis.state.ia.us/ACO/IAC...m#rule_876_2_4
If you dispute the PD rating, there is a process to resolve that... info is also in the link above...look for "Dispute Resolution"
If you don't have an atty, may be a good time for consult, no fee for talking. Attys can negotiate a settlement better than you can... attys know how the statutes may apply to your claim...better than you or anyone here.Anyone have any idea? I dont think it is too much to ask to throw an extra $5000.00 on to cover future medical bills. Am I out of luck? Anyone?