Visitor Question

Given MMI for torn rotator cuff…

Submitted By: Steve (Chicago, IL)

In 2008 I tore my rotator cuff at work. I have since had 3 repair surgeries,. After all 3 surgeries it tore again, prompting a 4th surgery. This time they did a lat. muscle transfer and used pigskin patches to fix the tear.

I still have a partial tear in the rotator cuff and pain in my shoulder and arm.

The surgeon gave me MMI (maximum medical improvement). I worked construction in Illinois where I made $40.00 hourly. I was told to get out of the construction trade. I also have light duty work according to my FCE report, with permanent weight and repetitive use restrictions. Is a total package of $450,000 a fair or low ball offer? How do I judge this? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Steve,

Without reviewing your treatment records, medical bills, out of pocket expenses, and lost wages, it is impossible to tell you if the amount of $450,000.00 is fair. With a case is as serious as yours, you really should have been represented by an experienced workers’ compensation attorney.

In most serious on-the-job injury claims, an attorney can secure higher compensation amounts for clients…and this is even after the attorney’s fees are paid.

It’s certainly not too late to seek the counsel of a workers’ comp attorney. You may want to visit with several of them. After reviewing your medical records, medical bills, etc., an experienced attorney will be able to tell you if the amount of $450,000.00 is fair, or if with legal representation, you will able to receive a net settlement (after attorneys fees) of more than that amount.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 10, 2014

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