Re: Workers Comp Settlements
Total loss of vision in one eye pays 104 week of benefits, you are then eligible for 97% of that figure, about 103 weeks.
I lost almost all vision in my right eye (97% impairment rating)
8-42-107. Permanent partial disability benefits - schedule - medical impairment benefits - how determined.
(2) Scheduled injuries.
In case an injury results in a loss set forth in the following schedule, the injured employee, in addition to compensation to be paid for temporary disability, shall receive compensation for the period as specified:
(gg) Total blindness of one eye 104 weeks
So you have a combined IR of 26% The max you can receive is 400 weeks, your are then eligible for 26% of that depending on your age and date of MMI which is about a hundred weeks.
18% impairment for my phych eval, 3% for my ankle and 5% for scares.
Subtract the number of weeks you've received in TTD payments and that should be close to what you're eligible for.
You can't receive more than one hundred fifty thousand dollars from combined temporary disability payments and permanent partial disability payments.
Any payment already received in TTD will be deducted from your perm benefits.
8-42-107.5. Limits on temporary disability payments and permanent partial disability payments.
No claimant whose impairment rating is twenty-five percent or less may receive more than seventy-five thousand dollars from combined temporary disability payments and permanent partial disability payments. No claimant whose impairment rating is greater than twenty-five percent may receive more than one hundred fifty thousand dollars from combined temporary disability payments and permanent partial disability payments. For the purposes of this section, any mental impairment rating shall be combined with the physical impairment rating to establish a claimant's impairment rating for determining the applicable cap. For injuries sustained on and after January 1, 2012, the director shall adjust these limits on the amount of compensation for combined temporary disability payments and permanent partial disability payments on July 1, 2011, and each July 1 thereafter, by the percentage of adjustment made by the director to the state average weekly wage pursuant to section 8-47-106.
Here's how they calculate the amount
The method for calculating awards for non-scheduled injuries can be found at C.R.S. 8-42-108 (8) (d). Non-scheduled awards are determined by multiplying the following four factors: 1) the medical impairment rating assigned by the physician, 2) an age factor which takes into account the injured worker's age on the date of maximum medical improvement (see chart at C.R.S. 8-42-108 (8) (e), 3) a fixed factor of 400 weeks, and 4) the temporary total disability rate.
So add the 103 weeks for the eye with the number of weeks you come up with after deducting the weeks already received in TTD from 100 and you should have an approximate of what you should get.
This is just an idea of the way it should work, this isn't exact.
Based on what I see, I would say $90,000 is close, doesn't sound like a bad deal to me.
Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.