Whats the average workers comp settlement for surgery on a torn
medial and lateral meniscus?
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Settlement? WCB isn’t about settlement. It’s about covering medical costs and lost wages until you are able to work again.
The cost of a claim is dependant on the worker’s wages at the time of injury and the amount of medical care and rehabilitation they need.
Depends where you live. Try localizing info at the links here: http://www.bcdisabilities.com/bcdisforum/viewtopic.php?t=86. See esp BC WorkSafe (formerly workers comp – pretty much the same basic scheme in most places) on the deeply-skewed rules of evidence and interpretation applied to workplace injury claims QUITE different from principles of natural justice and common law the courts use.
Free advice: lawyer up early! Expect the ugliest fight you can possibly imagine then up the ante exponentially. Basically, it seems many workers have been paying union dues and insurance fees for benefits they’ll never see except in the most extraordinary of circs.
Well it’s not really a settlement but rather a resolution of permanent partial disability (PPD). We’ll cover settlement later.
What you will get is PPD which means it’s a percentage loss of a certain body part. In your case, your knee. The knee is rated different in each state, some states require the percentage multiplied by weeks, which have been established by the American Medical Association. While other state are calculated based on your range of motion, strength, weight bearing, and so on. All the numbers are figured into a formula that the state creates to give you your PPD amount.
Based on my experience your value could range between $1400-$20,000. It all depends on what the rate is for the knee.
Now for settlement. Your unlikely to get a settlement if these occure:
-You’ve returned back to your normal duties working regular hours and wages.
-You continue to work for your company
-There is no vocational rehab
-No legal issues.
You could get a settlement if:
-You no longer work for your company
-You are vocational rehab eligible.
-You want to completely close out the claim.*
*If you close out the claim you can request all medicals, future medicals, reopening rights, future indemnity, current indemnity, vocational rehab, and reopening rights. You can add about $25,000 but it all depends on the scenerio. If you returned back to work, than it’s unlikely that you’ll get a big settlement to go with your PPD, if any.
You can always try to get a settlement, it doesn’t hurt to ask, just be prepared to hear the adjuster say “I’m not sure if you file qualifies for any type of settlement.”
Good luck
There is no ”average” settlement for your injury. Indemnity is
paid based on residual impairment/partial disability.. PPD is
determined once you have reached a stable condition or MMI/Max Med
Improvement. Your indemnity if any is due will be dicided based on
the WC statutes of your STATE. As WC laws are state specific,
impossible to provide additional info here.