Re: Typical Settlement for Patella Fracture
There's no such a thing as a "typical" or "fair" settlement - settlements are unique to the facts of a claim.
I wanted to know what a fair settlement for a workers comp case involving a patella fracture would be?
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.
I have been able to return to work fully because my job is not labor intensive.
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.
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.