Legal Question in Workers Comp in California

workmans comp insurance

Due to a work related accident I am permanently minor partially disabled. I am 62 years old. The insurance company has been paying me $170 / week and has offered a cash settlement of $ 14,000. I believe this is too low. What would be fair? I assume this $170/week is for the rest of my life- is that a correct assumption?


Asked on 2/02/01, 10:47 pm

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: workmans comp insurance

I'd have to read the medical reports and rate them myself. You may have a problem if you only used the employer's doctors. Often with only one opinion, the work restrictions are minimized. Please contact me directly at (619) 222-3504.

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Answered on 3/20/01, 10:03 am
Frank Russo The Russo Law Firm

Re: workmans comp insurance

There simply is not enough information here to be able to tell if the amount offered is fair. $170 per week is the amount paid for those with permanent disabilities between 25% and 69% disabled. Assuming you had weekly earnings of at least $255 before your injury to qualify you for the maximum rate, there is a very big range of money from $16,277.50 which is the amount paid for 25% permanent disability to $71.102.50 paid for a 69% injury. This would be less any advances aleady paid, and that may be why the amount proposed is so low. You also should receive a future medical care award or negotiate some amount for this in addition to what is being paid for permanent disability.

What is apparent is that you have a serious injury and you should at least consult with an attorney before settling your case.

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Answered on 3/19/01, 5:31 pm


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