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  1. #1
    Join Date
    Jul 2016
    Posts
    1

    Default Settlement and Rating for Fractured Vertebrae's

    Hello, I'm in desperate need of advice for my WC case that's about to settle. Since my injury 9 months go for which I was hospitalized, I have not received any benefits from the state or from the Ins. carrier. I have a good case, was a work related accident and sustained injuries fracturing 2 vertebrae's,..L1 & L4. The case goes to trial in 22 days and my lawyer is trying to settle. There really was no objections to the injury or my cooperation for which I have done everything the opposing counsel has asked. My concern is the insurance company maid a low ball attempt to settle based of a rating of 5% of an average weekly gross wage of $200.00. My lawyer said that the weekly gross wage is taken from an average of 2/3 the last 12 weeks income prior to injury. I have proven my income with pay stubs of being a minimum of $640.00 a week, for more than 5 months, 52 days prior to injury. I returned back to work 5 months after injury, have not received any paid treatment and Im very concerned about the future of back being that I do need treatment still,....especially if I'm going to settle.
    I was under the impression, weekly average income was based of a 2/3 52 week average. I was also under the impression from my own research primarily from this great website, that a spine injury is worth 300 weeks and the ratings suggest a rating of a minimum 10% to 20%. Please help me with what is accurate, I have suffered enough, not being able to work or provide for myself during the last horrible winter months and I feel I'm not being treated fairly as far as having a 5% rating for "2" fractured vertebrae's and such a low income average even though I proved verifiable income. What is my case worth,....please anyone with experience on this type of injury, respond before I do something I regret for a lifetime.

  2. #2
    Join Date
    Oct 1971
    Posts
    5,009

    Default Re: Settlement and Rating for Fractured Vertebrae's

    EMM2971
    Ias under the impression, weekly average income was based of a 2/3 52 week average.
    True.

    Under Colorado law, workers entitled to TTD will receive two-thirds of their average weekly wage during the time they are unable to work.
    Calculating Average Weekly Wage
    In order to establish the weekly amount of TTD benefits a worker will receive, it must be determined how much the worker made weekly at the time of the injury. This task is easiest if the worker is paid on a weekly basis. Since not all workers are paid on a weekly basis, however, Colorado 8-42-102(2) provides formulas to determine the average weekly wage.
    For workers paid monthly, the monthly wage at the time of the accident is multiplied by 12 and divided by 52.
    http://corporate.findlaw.com/human-r...isability.html

    I was also under the impression from my own research primarily from this great website, that a spine injury is worth 300 weeks and the ratings suggest a rating of a minimum 10% to 20%. Please help me with what is accurate,
    That's not true, every case is unique, everyone heals different.
    They don't give ratings by the type of injury, ratings are based on the degree of impairment.

    What is my case worth,....
    Only your lawyer can answer that, listen to him.
    Your lawyer is paid a percentage of the benefits obtained on your behalf, he has no incentive to low ball you - he's out to get every dime he can.

    Whatever you do, do not go against your lawyers advice - he knows the laws better than anyone, do exactly what he says.

    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.

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