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.
2 Answers from Attorneys
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.
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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