I don’t know what state you are in, …

Comment posted Another workers comp question? by Michael.

I don’t know what state you are in, but go to the web site for workers’ compensation in your state. There is usually an explanation of rights and benefits due to injured workers. I work with WC insurance and in all of the states I deal with, a broken ankle is due some type of payment above and beyond the 8 weeks you were out of work. You can also ask the adjuster on your claim, you will likely get a straight answer, but if you are skeptical, check the answer with the WC board in your state. This web site has a link to all 50 states in case you need it. There is no need to sue anyone for the payment. Most of the time the amount of the settlement is determined by your doctor and the state, not the insurance company.

Michael also commented

• Your not suing your company your suing the work comp insurance company for more benefits.

  The settlement that people are talking about is your permanent partial disability/impairment (PPD/PPI). Your entitled to this if your doctor believes that you lost a certain percentage of function to a particular body, in this case it’s your ankle. PPD/PPI is not a settlement, your entitled to it. This is more of a resolution of a file and not a settlement.

  Typically for one to qualify would be that the ankle never healed correctly, you had surgery done on it or the injury came with a minor adjustment, such as limps, loss of sensation etc.

  If your off work and your doctor indicated that you will never be able to go back to work for your employer than you’ll qualify for vocational rehab (VR), assuming your employer can’t create a job to fit within your restrictions. If you don’t want to go to school you can settle this portion and the entire claim out. Thus your settlement to close the entire claim out.

  If your doctor releases you back to work and indicated that you lost a certain percentage of the ankle than you’ll get money for that. The amount depends on your % and the state that you live in as each state is different in how PPD/PPI awards are calculated.

  There is also a chance that you will not get PPD/PPI. In this case the the previous paragraph happens you don’t agree that either the rating is too low or you deserve a rating than you can always request a hearing with the department and let the state determine your award.

  So at this time it’s unknown where you are with the claim, and whether you are eligible for VR and if you can return back to work with your employer. Most cases I seen for ankle fractures end up with a small PPD/PPI award. Settlement would not be cost effective to the company. If your claim involves you going to school you either settle that or go to school.

  80% of work comp claims don’t settle because most cases are not extensive. Your fracture ankle might fit that 80%. Now if you have lost all feeling, and you can’t walk on it…different story.

  Good luck

• You will only get a settlement if their is some sort of functional permanent impairment and you are not going to get a ton of money either, and you will not get any pain and suffering, you need to call your adjuster to find out what, if any, settlement you might get.
• Settlement is medical bills & physical therapy and lost wages. You do NOT get pain & suffering, with workers comp.

  You cannot sue your employer, if you did a workers comp claim. It’s EITHER workers comp, OR sue the employer.

  Workers comp is no fault – you do NOT have to prove the employer caused the injury, to collect. Suing, is fault. If you did sue, instead of collecting workers comp, you have to prove that the employer deliberately did something to make you break your ankle – just the fact that it happened there, isn’t good enough.

• It usually depends on the state that you are in as to what kind of a settlement that you may receive. However, I know that in most states, a settlement amount is for a permanent injury; not one that can heal. Since you are going back to work it is likely that there is no settlement for it and the rewards that you receive are for your time lost and medical bills associated with the injury.

  If you had lost an eye, finger, or something like that then there is a statute that will pay a designated fee for such a loss.

• WC insurance pays for your medical costs and disability pay while you are unable to work. You are not entitled to a “settlement” unless you are medically evaluated and found to have suffered a permanent disability. Don’t listen to “people” who know not what they speak.

Recent comments by Michael

• How does bailing someone outta jail work?
  Bond is $40,000.
  So to get out an equity of a house preferably, is put up and released when he shows up for his court date.
  If he fails to show, the house is collateral used to capture him and bring him to trial.
  The other way is cash.
  The third way is to use a bail bonding co, they put up the $40,000 in a bond as security, you pay them 10% of the $40,000 ($4,000 non returnable), how they make a living.(Like Dog does)
• 
  ‘We are not allowed to participate in any personal activity that would prevent us from assisting in problem resolution for workers and guests at the hotel.’
  I find this statement incredibly uneasy. I cannot see how an employer can tell you what you can and cannot do on your off, personal time. Yes, Im sure there are some employee guidelines and/or a handbook but one thing that a lot of people do is mistakenly assume that a large employer would not do anything illegal by labor law. I work or a Fortune 500 multi billion dollar company and trust me, Ive seen them do plenty of things that are against state labor laws.
  Since reading the laws are confusing for you, find out where the nearest fair labor board office is and go down there. Have a face to face.
• 
  Usually some kind of call pay is offered. It sounds like you need clarification on what is expected of you.
• 
  Under George W. Bush, the Department of Labor passed sweeping labor laws that includes exemption from overtime for any employee that manages two or more people unless the laws of your state are written to override this. I can tell you that if you live in Texas, you’re almost certainly out of luck. If not, call an attorney (look in the Yellow Pages) and ask what your rights are under the law of the state in which you reside.
• How does bailing someone outta jail work?
  Normally, the felon would post bond, which would be a portion of that amount, through a bail bondman. If the felon does not have money to post bond, maybe a kindly family member would use the collateral on their house. Whoever posts bond has the assure the court that the criminal will show up for court. If they skip on the court date, someone will have to forfeit the money.

powered by SEO Super Comments

Related posts:

1. workers comp settlement?
2. Do I need an attorney ? Legal Question Posted !
3. workers comp. denied.job claims to have radioed me to return to base 1 hr. prior to injury. does this matter?
4. workers comp injury question about settlement?
5. Pa workers comp question?

Tags: Another, Comp, question, Workers'

This entry was posted on Thursday, March 11th, 2010 at 2:17 am and is filed under Worker Q & A. You can follow any responses to this entry through the RSS 2.0 feed.