Another workers comp question?
I am out on WC but will return to work in 1 week. I have been out of work for 8 weeks due to fracturing my ankle on the job. What is this settlement people are telling me about? Must I sue my company to get it. I like my job but will they be mad at me for suing for a settlement. I would really like to get a settlement.
More Relevant Articles:
Tags: can-bankruptcy-court-take-bwc-settlements, can-physical-therapy-talk-to-work-comp, can-you-go-to-school-if-you-off-on-worker-comp, can-you-sue-if-you-dont-like-workers-comp-settlement, is-their-pain-and-suffering-in-wc-settlement-in-california, paying-medical-bills-after-workers-comp-settlement, seattlements-for-ankle-permanent-ppdppi, settlements-from-suing-your-employer-while-off-on-disability, settlements-of-permanent-partial-disability-claim-with-new-york-state-workmans-comp, should-someone-be-on-work-comp-during-physical-therapy, suing-the-company-while-employed, suing-work-comp-for-medical-payment, suing-work-comp-insurance-adjuster, therapy-and-settlement, under-ala-law-how-much-for-a-1-ppi-on-a-wc-settlement, what-could-i-expect-as-an-amount-for-a-settlement-in-a-workers-compensation-broken-ankle-case, what-if-i-dont-agree-on-my-workers-compensation-settlement-terms, will-not-going-to-therapy-hurt-my-settlement, workers-compensation-physical-therapy-how-money-do-get, workmans-comp-settlements-for-bilateral-hearing-impairment
This entry was posted
on Wednesday, February 8th, 2012 at 8:53 pm and is filed under Worker Q & A.
You can follow any responses to this entry through the RSS 2.0 feed.
workers comp will issue a settlement if one is imminent and justifiable do not just believe friends and those who had a friend who that heard it from a friend that got something for nothing. If you sue it will become a permanent black mark on your record and haunt you for the rest of your life in job searches
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.
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.
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.
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.
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.
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
Settlements in a industrial injury/illness claim are not based on
whether there is “healing”, settlement are based on the amount of
impairment or partial disability due to the injury. That indemnity
is based on a evaluation by a Dr, or medical/legal exam, and the %
of disability is predetermined by law to a number of weeks for each
1%. WC laws are state specific… go to your state web site for
more information on the process and benefits available.