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  1. #1
    Join Date
    Jul 2020
    Posts
    1

    Default Typical Settlement for Patella Fracture

    Good morning everyone!

    I wanted to know what a fair settlement for a workers comp case involving a patella fracture would be? Last year I fell while at work and severely fractured my patella. It required surgery with multiple screws and a 5-day hospital stay. A few months ago I had an additional surgery to remove the hardware in my patella. Currently, I am still unable to run, climb stairs, and have severe atrophy. I have been able to return to work fully because my job is not labor intensive. I am 34 years old and my doctor is saying I'll probably have early arthritis in that knee, and might need a knee replacement in my 50s or 60s. Any idea about how much a fair settlement would be? Thanks!

  2. #2
    Join Date
    Oct 1971
    Posts
    5,175

    Default Re: Typical Settlement for Patella Fracture

    sharighty
    I wanted to know what a fair settlement for a workers comp case involving a patella fracture would be?
    There's no such a thing as a "typical" or "fair" settlement - settlements are unique to the facts of a claim.

    I have been able to return to work fully because my job is not labor intensive.
    A major factor in determining settlements is loss of earning capacity, the fact you can return full duty will minimize the value of your claim.
    You better consult a lawyer before proceeding further or the carrier will low ball you.

    2018 Florida Statutes Title XXXI > Chapter 440 > Section 15
    440.15 Compensation for disability.
    (a) In case of total disability adjudged to be permanent, 662/3 or 66.67 percent of the average weekly wages shall be paid to the employee during the continuance of such total disability. No compensation shall be payable under this section if the employee is engaged in, or is physically capable of engaging in, at least sedentary employment.
    (b) In the following cases, an injured employee is presumed to be permanently and totally disabled unless the employer or carrier establishes that the employee is physically capable of engaging in at least sedentary employment within a 50-mile radius of the employee’s residence:
    In all other cases, in order to obtain permanent total disability benefits, the employee must establish that he or she is not able to engage in at least sedentary employment, within a 50-mile radius of the employee’s residence, due to his or her physical limitation.
    https://www.flsenate.gov/Laws/Statutes/2018/440.15

    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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