What should I expect as a disability settlement from workers comp?
by Robert (Chicago, IL)
In February of 2014 I slipped on ice in a work parking lot performing my job as a spotter. I broke bones in my left foot. Since then I have had 2 surgeries to fix the bones. I still suffer discomfort and burning/pain if I'm on my feet too long and with every weather change.
I just received a letter stating my employer has made a settlement offer of $27,000 based on a 27.5 disability rating to my left foot. Is this a good amount for settlement? What should I know about a case like this and accepting a settlement? Any suggestions on this would be greatly appreciated. Thank you.
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ANSWER for "What should I expect as a disability settlement from workers comp?":
Robert (Chicago, IL):
Workers’ compensation programs generally define "disability" as a reduction in an individual’s wage earning ability, directly resulting from an injury or occupational disease arising while a worker was in the pursuit if his or her assigned work duties.
Physicians assign disability ratings to injured workers. A physician treating an injured worker will not assign a disability rating until such time as the physician believes the worker has reached a level of maximum medical improvement (MMI). At that time, if the worker still suffers a decrease in functional ability due to an impairment, the physician will then assign a disability rating.
In almost all cases, physicians rely on the American Medical Association’s Guide to the Evaluation of Permanent Impairment to assign a disability rating. You can access it here:
If you don't believe the disability rating assigned to you is appropriate, speak with your primary treating physician. The physician has the right to modify the rating if he or she believes doing so is medically appropriate.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
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