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  1. #1
    Join Date
    Dec 2014
    Posts
    1

    Default How to Know if a Workers Comp Settlement is Too Low

    My workers compensation claim was made in the State of: colorado. I'm just wondering if I'm getting low balled on my settlement offer. Here is what happened. I was involved in a very serious accident. I lost almost all vision in my right eye (97% impairment rating) and a broken ankle. Like I said my final impairment ratings are 97% impairment of my right eye, 18% impairment for my phych eval, 3% for my ankle and 5% for scares.The insurance company offered me $85,000, and of course I said no way to it just because I've lost all vision in my right eye. My lawyer was gonna go for $90,000. They called me today saying they agreed to the $90,000 settlement. Does anyone think that is a low number, especially losing all vision in my right eye and all my other impairments?

  2. #2
    Join Date
    Feb 2013
    Posts
    150

    Default Re: Workers Comp Settlements

    You can look up schedule of impairment for your state. It looks like total blindness in one eye is 104 weeks times your weekly benefit. For the other stuff you can do the math after looking at schedule.

  3. #3
    Join Date
    Oct 1971
    Posts
    5,008

    Default Re: Workers Comp Settlements

    I lost almost all vision in my right eye (97% impairment rating)
    Total loss of vision in one eye pays 104 week of benefits, you are then eligible for 97% of that figure, about 103 weeks.

    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
    http://www.colorado.gov/cs/Satellite...ility_benefits

    18% impairment for my phych eval, 3% for my ankle and 5% for scares.
    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.
    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.
    http://www.colorado.gov/cs/Satellite...ility_benefits

    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.
    http://www.colorado.gov/cs/Satellite...me=CDLEWrapper

    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.

    Tony
    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.

  4. #4
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,749

    Default Re: Workers Comp Settlements

    Your own lawyer is the best person to ask. He or she is the one with all the facts and knowledge of your particular case. Well, that is true unless you hired a lawyer who is both totally incompetent in workers comp, and also ethically challenged to the point that he or she won't admit that he or she is incompetent. In that case the best solution is to get a new lawyer.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

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