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  1. #1
    Join Date
    Mar 2018
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    4

    Default Impairment Rating Now What

    I tore my meniscus and ACL back in August of 2017. Had surgery in November 2018 to repair my meniscus, my ACL wasn't repaired for some unknown reason. Workers comp paid me while I was out at 301.81 per week from 8/17 to 1/18. My doctor released me in April 10, 2018 and gave me a 2% impairment rating. I have yet to receive a settlement offer letter, when should I expect to receive one and about how much could I receive?

  2. #2
    Join Date
    Oct 1971
    Posts
    5,046

    Default Re: Impairment Rating Now What

    Quote Quoting Tshauna1977 View Post
    I tore my meniscus and ACL back in August of 2017. Had surgery in November 2018 to repair my meniscus, my ACL wasn't repaired for some unknown reason. Workers comp paid me while I was out at 301.81 per week from 8/17 to 1/18. My doctor released me in April 10, 2018 and gave me a 2% impairment rating. I have yet to receive a settlement offer letter, when should I expect to receive one and about how much could I receive?
    With a 2% IR rating, I doubt there will be a settlement - you don't have a loss of earning capacity.

    You get paid according to the percentage of loss of earning capacity at a max of 450 weeks.
    So, if you had a 10% loss of earning capacity, you'd get 45 weeks of benefits.
    If you're back to work or have no loss, you're eligible for zero.

    Unscheduled Award
    For other types of permanent impairment, you will only receive an award if you have a decrease in earning capacity. The amount is two-thirds of the difference between your wages before your injury and what you’re able to earn now. These benefits are paid for a maximum of 450 weeks.
    https://www.nolo.com/legal-encyclope...ssissippi.html

    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.

  3. #3
    Join Date
    Mar 2018
    Posts
    4

    Default Re: Impairment Rating Now What

    Do I even need to acquire an attorney to argue the fact that the insurance company canceled my first surgery and sent me to physical therapy prior to surgery, and that I still have a torn ACL that has not been repaired. Still having issues with the same knee months after a "successful" surgery. My doctor informed me that I may get a small settlement which I understood with the low impairment rating.

  4. #4
    Join Date
    Oct 1971
    Posts
    5,046

    Default Re: Impairment Rating Now What

    Do I even need to acquire an attorney
    You can try but I doubt anyone will want to deal with a claim with a rating that low.
    I have no idea of how a doctor can give advice on settlements, he's just guessing.
    As a rule of thumb, anything less than a 5% rating is considered that you're a 100% healed.

    Remember, an Impairment Rating isn't a loss of earning capacity rating.
    You could have a 50% Impairment Rating and still not have a loss of earning capacity if there's work available within your restrictions.

    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.

  5. #5
    Join Date
    Mar 2018
    Posts
    4

    Default Re: Impairment Rating Now What

    Heard from worker's comp today and they offered $1056.34 for the 2% impairment rating given by my doctor and $5000 to close out the case without medical. I've already gotten a lawyer, just waiting on the settlement letter to come in the mail. Should I pursue more money with a lawyer or take the offer?

  6. #6
    Join Date
    Oct 1971
    Posts
    5,046

    Default Re: Impairment Rating Now What

    Consult a lawyer before doing anything.

    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.

  7. #7
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,756

    Default Re: Impairment Rating Now What

    A 2% rating is a real lowball rating by an insurance company doctor. Get a free consultation from a local workers' comp lawyer before you do anything else. You may have other options.
    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

  8. #8
    Join Date
    Mar 2018
    Posts
    4

    Default Re: Impairment Rating Now What

    The rating was from my doctor, not the insurance company doctor. I have a consultation next week, what are some things I need to inquire about?

    I've retained an attorney and he is attempting to get the insurance company to pay more for future possible ACL surgery.

    Retained a lawyer, took all my medical records which show the unrepaired "high grade ACL tear" in addition to the torn meniscus that was repaired. He is seeking compensation for the ACL tear in the event that it has to be repaired in the near future. The average ACL reconstruction in Mississippi is between $20,000 and $50,000. He is asking for $20,000 to settle the case, is this a good idea?

  9. #9
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,756

    Default Re: Impairment Rating Now What

    Your own lawyer would know better than I. If he is experienced in workers' comp then you should follow his lead and advice.
    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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