How much money will I get for my shoulder injury?
Question: I was injured at work. right shoulder surgery was required. how much money should i receive from wc insurance? been out of work 6 months already another 3-4 anticipated. With an attorney, how much money should I expect that is justified?
Answer: Workers’ compensation insurance pays for your medical bills, about 80% of your wages and most likely mileage to and from the doctor. The purpose of WC is to make sure you receive the medical care you need for your workplace injury and that you cannot sue your boss for the injury.
If you’re thinking that you’re going to get some type of settlement lump sum, that’s not going to happen unless you have some type of permanent damage. The doctor is going to wait until you’re P&S. That means Permanent and Stationary. That means you’re injury is not going to get any better, nor will you get any worse. If you have residual effects, the injury is rated by percentage of how much pre-injury capacity was lost. So if the use of your shoulder has disintegrated by 20%, your injury will be rated as such. Basically, the insurance company places a dollar amount on body parts and physical functions. If you lose a part or some of its functionality, the payout is adjusted by that percentage.
And that’s the time that you REALLY need an attorney in your corner. Your attorney will make sure you get the most amount of money for your physical loss and possibly, any future medical treatment.
But if you think you’re going to get some type of settlement just because you were injured to begin with, it ain’t gonna happen because you gave up your right to sue when you file for workers’ comp. That’s the way the system works. Had you used your own medical insurance, things may have been different.
Click here to find an employment law attorney in your area to see if you have solid case to receive some type of settlement.
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