I I broke my toe at work and am on workers comp in NY. Any idea of what the settlement may be?

Wednesday, January 11, 2012
By WcrAdmin

I broke my big toe last year and had to take a month off of work. I was just wondering if anyone else has been through this workers comp process and if they know how the settlement process works. Im not really expecting to get much but I was just wondering if anyone else had any ideas. I was 20 at the time and did recieve a check for my lost wages.

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7 Responses to “I I broke my toe at work and am on workers comp in NY. Any idea of what the settlement may be?”

  1. I think you get half of you normal wage?

    #10824
  2. My boyfriend has been out on workers comp for about 4 months ago. His estimated settlement was part of his wages, given to him bi-weekly untill his retirement age. He hasn’t recieved it yet, but… It was a pretty high number.

    #10825
  3. I was under the impression that workers comp was to pay your medical bills and lost wages from work related injuries. What more do you want?

    #10826
  4. Usually workman’s comp pays your lost wages and medical bills. That’s it. Anything like a settlement would require a lawsuit. However, if they weren’t negligent and they’ve paid for everything, I don’t know that you would get anything much in the way of a settlement.

    #10827
  5. Workers Comp is going to pay your wages while you are out which is usually 75% and pay your medical bills. That’s it there is no settlement from Workers Comp.

    #10828
  6. Listen every case and state is different for Workers Comp. In Ga.
    you will have to get a all of your MMI’s from all of your doctors.
    And then your attorney will set up a Medicare Set Aside(MSA)
    account for all of your future medical. This will be a seperate
    account from the lumpsum you will recieve. This account is only
    used for work related injuries. They frown upon you if you try to
    use it for any personals. And If it gets approve through CMS (which
    could take some time) then your Attoney will move on from there to
    start the negotiation process. First step is getting all of your
    disabilty rating from each injuried body part that you suffered
    from the job. They all have a disabitly book that will show them
    how much each body part is worth and the physician determine your
    rating. So basically what you take home in your pocket is past and
    future lost wages, and the disability body part figure. Your
    Medical goes into a seperate account that will be use yearly for
    you Work Comp medical needs yu sustained while working and it will
    be moniter by youself and a third party from the insurance comp.
    Because your attorney and the insurance company will both agree how
    much is use yearly. Example: if you guys agree upon 10k per year
    for medical and if you exceeds that then Medicare will take over
    the reminder. Hopefully this helps.

    #38818
  7. Nothing. There is no guarantee of a cash settlement in WC. WC is
    about paying benefits. If there is permenant impairment due to the
    injury, you’d be rated, and a number of weeks indemnity benefits
    paid. That’s it. You can negotiate a cash payment to close the
    entire claim… you also agree to accept any additional medical
    care out of your pocket. Be happy you have a job to go back to…
    don’t look that gift horse in the mouth. You’ll be lucky to see
    even a couple 1000 out of this, and drop the claim.

    #38828

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