I was wondering if someone could give me an estimate on how much I may be looking at for a Worker's Compensation Permanent Disability award (if I settle for a lump sum amount)?
Work Situation Before Injury:
I was a Line Cook that worked very hard. Involved constant movement, lifting and squatting. Was making around $ 350-$ 390 a week. Employee of the month. Would of gotten atleast 2-3 more raises in time it's been.
Injury:
I actually have two injuries but I am only concerned about my primary injury. Accident happened on January 12th 2007 (3 years ago). Slip and fall. Accident report was filled, went to doctor's office immediately. Everything has been filled, reported and done correctly. I sustained a shattered femur bone. It was a part that held my patella (knee cap) in place. I have had 2 surgeries attempting to correct problem. Gone through PT (physical therapy). Now making $ 200 a week from Worker's Comp checks from Insurance company.
Doctor's Words:
He feels that everything has been done to help the problem and no other medical assistance is needed. Has put in a PDR (Permanent Disability Rating) of 20% on Right leg/knee.
I live in the state of NC. I just recently went to college. I am hoping to get some sort of reembursetment because I needed to take online college because I couldn't walk to classes. This situation should be over already but my lawyer is saying I need to wait for a final judgement on my shoulder (2nd injury) before finshing Knee injury.
What do you think I should be intitled to? Do you think I could get reimbursement for college loans? Is it smarter to wait for final decision on 2nd injury before I resolve knee injury case?
@mbrcatz
That didn't answer that much. I wont be able to work at a job squatting or using my legs so they'll have to put me into a job. I'm not going to just have to "get another job, a desk job" as you so casually say. THEY will have to do that. Also, my lawyer hasn't kept me very well informed other wise I wouldn't be asking this question in the first place. Also, are you saying that every case ever in NC gets 300 weeks of partial and thats all they are intitled to? What about injuries that cause 90% of permanent disability and they need atleast 5-6 years just to talk again. Try not to be so vague please.
mbrcatz
Not much - but your lawyer should be telling you that. You won't get reimbursed for your college loans. North Carolina limits partial disability payments to 300 weeks, which is just under six years. You've used up more than half the benefits available under state law, already.
You'll just have to get work in a different field - a desk job doing something.
You have a lawyer. Listen to them.
lucy
To try and put this in prospective, you need to find out the outcome of your secondary shoulder injury before they do any settling. The insurance company is not going to just settle the knee and then wait on the shoulder and settle a 2nd time.
The settlement will be based on the 20% permanent impairment of your knee and whatever they determine if there is a permanent impairment on the shoulder or not.
As a general rule, they will not be reimbursing you for any college loans, rather, they will settle in 1 lump sum that they believe your injuries are worth and based on NC laws.
You hired a lawyer, so use him. As for the 300 weeks of wages etc, that is what you need to ask your lawyer about. He went to law school and knows the laws of WC in NC, so follow his advice.
You state your lawyer has not kept you well informed. But it could be he has nothing to tell you till he gets the info on your shoulder and then can sit down and explain your rights in this claim. My guess is that you are calling his office and wanting updates, but most likely you will need to set up an actual appointment with him and bring paper and pen with your questions. The lawyer can explain what your rights are and that is the reason you hired him, and the reason he will get a percentage of the settlement you end up with.
Just be patient.
Orignal From: Tips: Workers Compensation PD award amount?
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