I have been offered a Compromise and Release settlement for a workers comp situation that has recurred one time, approximate 1 year after the initial problem. How does one judge an appropriate monetary compensation in a settlement of this type?
The Law Offices of Eslamboly & Barlavi has over 20 years of experience helping injured workers all over California. We can help you recover for your injuries as a result of an accident at work. We only get paid if we recover compensation for you. Visit our website or call us for a free consultation about your case at 1-800-LAW-TALK.For more information visit us at EBLegal.com
1 Answer from Attorneys
Permanent Disability in the highest-rated medical report (either the Treating PHysician's P&S Report or the Panel Qualified Medical Evaluator's P&S report)...
Take the dollar-value of the highest rated report, add on about $10,000-$15,000 for each significant medical procedure forecast in your future medical treatment assessment in each report (injections, surgery, lifetime therapy, lifetime pain management).
Then add to that overdue Temporary Disability payments you expected but never got (assuming the Treating Physician actually wrote to the adjuster that you were Totally Temporarily Disabled but the adjuster never paid).
Then add in about $10,000 to give up your rights to reopen for possible "New & Further Disability" should this get seriously worse in the next 4 years (you cannot re-open a case closed with a Compromise & RElease Agreement, so if you get worse, you're on your own).
If you did not go back to the pre-injury job and you lost your job, add in $5000-8000 for the Supplemental Job Displacement Voucher (unless you will really use it for a good school).
So it would look like this:
Perm Disability at 20% = $17,365
Pain Management = $15,000
Likely Surgery = $15,000
physical therapy rights = $10,000
Prescription med rights = $15,000
New & Further disabl = $10,000
Surrender Displacemnt Voucher = $4,000
DEMAND = $86,365
THEN DECIDE .... IF THE INSURER OFFERS YOU JUST $50,000, DO YOU TAKE IT?? Pick your 'bottom-line' number and stick to it, just keep saying 'no thanks' to numbers below your bottom-line number. might take you 18 months of saying 'no thanks' and you might have to go to trial... many many times, the morning of trial, the Workers Comp judge will 'advise' the defense attorney to go get more money and the offer becomes much more attractive.
Of course, you can see you would do better with an attorney...given you haven't any basis to demand any of these items and your don't know their value.
Related Questions & Answers
I was pregnant in 2011 and due to the extreme high volume of stress at work i ended... Asked 4/30/12, 12:16 pm in United States California Workers' Compensation Law
I am 42 years old, I worked as delivery driver/ unloader, for 7 years. I was injured... Asked 4/30/12, 11:22 am in United States California Workers' Compensation Law
Once SCIF has accepted your claim and you have been referred to a surgeon requesting... Asked 4/27/12, 5:48 pm in United States California Workers' Compensation Law
If I am a supervisor at a nonprofit company, and two employees claim I make them... Asked 4/27/12, 3:59 am in United States California Workers' Compensation Law
Will Receiving Workman's Comp & Personal Injury Payments Affect Mymedi-cal and... Asked 4/26/12, 12:39 pm in United States California Workers' Compensation Law