workers comp settlement California?
In Sept 07′ I ruptered a disk on the job. I stopped working due to the pain and was put on workmans comp. I had a microdiscectomy in Dec 07′ the pain persisted to me finally having a 1 level spinal lumbar fusion in Feb 09′ I have a IME scheduled in july for settlement. My question is how much of a settlement (estimate) do you think I will receive.
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How much were you earning before you were injured?
Do the procedures above typically leave someone completely unable to work? If you are able to do some other type of work that is less of a strain, then your settlement offer will be less as you can still earn a living.
If you are left completely incapacitated then your settlement will be more.
I’m sorry to hear about your injuries, I hope your able to sleep and rest comfortably.
No way of knowing. It’s going to depend on how old you are, and how disabled you are. Settlement is only going to be future lost wages based on your percentage of disability, and future medical costs, for as long as California allows – which I believe is five years.
But you don’t get pain & suffering with workers comp.
Really depends on what your range of motion, your strength and what you can do. Once the IME is done than you’ll get a certain percentage for the loss of your back.
Lets say that your IME results came back as 5% PPD rating, so that could equate, mind each state is different, $10,750. If you are able to go back to work than you’ll get this PPD value. However if you are unable to go back to your usual customary work than you could qualify for vocational rehab (VR). If you do VR than you can go to school and learn a new job, like programing. If you don’t want to go to school than you can always settle VR out. Estimate to settle VR, $10-$15,000
Now…lets say you want to do a full waivers of the file, which means you give up reopening rights, future medicals and indemnity, you could ask for an additional amount on top of your PPD to settle the claim. I can’t give you a dollar figure since there are so many variables, but it doesn’t hurt to think about that as well. Est $15-25k.
Remember you don’t get pain and suffering because there is no way of putting a dollar amount on that.
So there are you options. Remember each case is different so your PPD rating could be higher.
Happy healing
There are so many variables and factors to consider. Everyone is correct in saying that the exact extent of your permanent disability cannot be determined since the percentage is effected by numerous factors – such as your age, occupation, with potential apportionment to pre-existing pathology, conditions or prior awards.
In California, permenent disabilty is rated under the American Medical Assocation Guides (AMA). 1 level fusion of the lumbar spine falls under the DRE 20 to 23% impairment range. This number could change based on the factors mentioned in the first paragraph. Anyways here is the AMA DRE chart.
http://www.chirogeek.com/004_DRE_Rating_Charts.htm
23% PD is equivalent to $20,815.00 for a period of: 90.5 weeks at $230.00 per week. If the employer cannot accomdate perm modified work, you are entitled to a 15% increase rate under Labor Code 4658.
There is no more VR or Vocational Rehab. It has been repealed under SB899 reform and now they offer only vouchers to go to school. This is reimbursed to the school and not paid directly to you (if you decide to take advantage of this option). This benefit is called Supplement Job Displacement and the value is dependent on your PD rating. http://law.onecle.com/california/labor/4658.5.html
If you want to settle and release all liability for a lump sum award, the insurance carrier basically will add a dollar value to your future medical. This is called a Compromise & Release, where the settlement is for your permanent disability and future life medical cost. The IME will determine what provisions you are entitled to and the anticpated value is the cost per year mulitply by your life expentacy.
SORRY, TO ANSWER YOUR QUESTION – Assuming that there is no apportionment, you are likely entitled at the very least $21,000, due to the PD. In terms of settlement, this number is going to be higher. How much higher depends on what future medical needs you have and your age.
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Very interesting subject! Never thought about it that much…
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Aces,
Great reply, I am curious though when a patient has signed a Settlement Agreement which specifically states all Doctors visits and Medications, what happens when the Insurance company decides on their own to not authorize the medications?
Do you have any advice???
How do I figure out my C&R settlement with a 8% ppd at $13hr already paid out 5600!during employment and can I get a settlement with the option to reopen the case in 5 years? What penalties are assessed if work comp carrier does not follow AME guidelines ( denied for cortisone shot when AME report says should be allowed Two sessions per year ) PLEASE HELP