Legal Question in Workers Comp in California

I have a 13 yr old Workman's Comp claim and want to settle. How do I calulate pain & suffering into the settlement, they only offered 90k.


Asked on 2/28/13, 3:56 pm

2 Answers from Attorneys

Geoff Morris The Morris Law Group

They do not award pain and suffering in workers compensation. Damages are based upon your level of permanent disability and need for future medical treatment. I would strongly recommend that you speak to an attorney to ensure your receive a proper settlement.

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Answered on 2/28/13, 4:45 pm
Nancy Wallace Nancy Wallace Atty at Law

You calculate Pain & Suffering as Zero.

INSTEAD: You get evaluated by a Vocational Expert. The vocational expert writes you are completely unemployable in the open labor market. NOW you've got some bargaining power.

No adjuster wants to run the risk of a 100% case...they really don't want to pay TTD payments for life. But without a vocational expert reporting accurately and convincingly that you cannot be hired by anyone any where to to anything, there's no reason for the adjuster to come up above the $90,000.

KNOW THAT the expert's report runs $1,500 - $2,500 and might not be reimbursed if it doesn't help the judge make a decision...

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Answered on 3/01/13, 1:33 pm


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