Workers Compensation settlement question?
I have a received a PPD of 3% whole body. I am 36 years old and I suffered painful discomfort on my knee. My worker comp suit has allowed for three things: Leg Contusion, Knee Contusion and bursitis. How much can I expect for a settlement?
I live in Ohio and will there be a settlement for each claim or will it get thrown together?
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The answer depends on the state and how worker compensation claims are calculated.
The 3% is for the whole body so your going to be compensated for a 3% PPD award. Some states are different on how they do their PPD awards. With out dragging this any further out it can work two ways.
One way could be a formula based PPD. What’s included is the award, range of motion, strength, etc. Then all those numbers go into this formula to come up with this dollar amount, and then you got your award.
The other way some states do is taking the maximum average weekly wage multiplied by the award. So lets say Ohio’s maximum average weekly wage is $2500. So it’s 2500 x 3 = $7500. Now I’m not saying this would be your actual rate because I don’t know Ohio law but you can put this in a ball park of…$5310-$9600*
*$9600 came from a rate in which weeks represents a body part. Per AMA guidelines a whole body is worth 312 weeks.
Would have to presume the 312 weeks indemnity would be for a total
loss…this IW has a 3% WPI PPD… the total loss of the leg in
Ohio pays 200 weeks. AWW/Average Weekly Wage, (ie 2500) X 200 X 3%
would pay about $15,000. You really need to review the information
here http://www.ohiobwc.com/downloads/blankpdf/ORC4123.57.pdf Settlement
of WC claims are not as cut and dried as what you may see on any
message board. You can’t force the lump sum payment… there are
specific procedures for processing claims. That includes filing a
petition with the WC Commission, and granting of an award. That
doesn’t happen in 30 or 60 days. If you don’t have an attorney, it
would be a good idea to consult with a competent WC atty, before
you negotiate any settlement of your claim. You only have one
injury, to one knee… there isn’t going to be a settlement based
on the treatment you rec’d, or type of injury. Settlements or
indemnity paid are based to what extent you recover and how the
injury affects you as a ”whole person” in your ability to earn a
wage. As you can see here
http://www.ohiobwc.com/basics/guidedtour/generalinfo/ORCandOAC.asp WC in
Ohio is a very complicated process…and not generally a DIY
project.