How much should I expect for workman’s comp settlement.?
I was attacked at work and I took a month off for physical therapy for back injuries and migraines. Now I am having post traumatic stress from the whole situation that had happened and plan to see a therapist. When the settlement comes, how much would be acceptable?
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Well, you don’t get pain & suffering, if that’s what you’re asking.
PTSD also isn’t compensable. MENTAL frailities, caused by stressful events, aren’t workers comp.
What you get, is medical bills, and lost wages while you’re too physically disabled to work, for a limited number of years – sometimes as few as two, depending on what state you are in.
But you’re not going to get cash just for having an incident, and being “stressed”, or having headaches.
Hi….
Worker’s compensation doesn’t work like a bodily injury claim. You don’t get pain and suffering….
What you GET is what the statute of the state allows IF you are entitled to any permanency. In most states you are not entitled to mental anguish. In some states – you will be entitled to it IF you also suffered a compensable physical injury as a result of the incident.
Worker’s compensation is really kinda quirky and is strictly governed by the statute and the state. It is not the same from state to state.
If you don’t know what’s allowed in your jurisdiction – go to your state’s insurance commission website. Most state websites have some good information for injured employees.
Good luck.
For there to be indemnity due you would have to have a ratable
mental impairment. A Dr evaluation, and determination you have a
reduced earning capacity, or ability to compete in the open labor
market. For stress/psych claims, you would have to exhibt a mental
impairment. You can’t force a lump sum cash payment to resolve your
claim. The employer is free to pay out any indemnity that may be
due, and leave the medical open based on need.