Workers' Compensation Discussion Forums

I live in California. Eight months ago I was involved in an accident at work that tore my left hand off. The cause of my accident was the failure of the company I worked for to replace broken safety equipment. The IC is taking good care of me but it requires jumping through lots of hoops. Niether the IC nor my attorney can give me a ballpark figure on how much longer this is [/size][/align][/color][/font]going to take or settlement. Can anybody out there help with this?

benefits are not based on your injury; it's based on the recovery.
everyone recovers differently from an injury and has different restrictions. When your condition has stabilized or determined to be permanent and stationary you'll get an impairment rating from the doctor. the state puts that rating into a formula using your age, wages, occupation, and a future earning capacity figure to calculate a disability benefit. The value of your future medical as well as any supplemental job displacement benefit can't be figured ahead of time.
workers comp does not use a menu system where you can predetermine what injuries pay off the most.
check out the guidebook for basic information
http://www.dir.ca.gov/CHSWC/Reports/Work...-3rdEd.pdf

1171 Wrote:

benefits are not based on your injury; it's based on the recovery.
everyone recovers differently from an injury and has different restrictions. When your condition has stabilized or determined to be permanent and stationary you'll get an impairment rating from the doctor. the states puts that rating into a formula using your age, wages, occupation, and a future earning capacity figure to calculate a disability benefit. The value of your future medical as well as any supplemental job displacement benefit can't be figured ahead of time.
workers comp does not use a menu system where you can predetermine what injuries pay off the most.
check out the guidebook for basic information
http://www.dir.ca.gov/CHSWC/Reports/Work...-3rdEd.pdf

thank you very much. I have been trying for months to get this information from my attorney. Most of the time it seems like he is just along for the ride.

David55 Wrote:

I live in California. Eight months ago I was involved in an accident at work that tore my left hand off. The cause of my accident was the failure of the company I worked for to replace broken safety equipment. The IC is taking good care of me but it requires jumping through lots of hoops. Niether the IC nor my attorney can give me a ballpark figure on how much longer this is [/size][/align][/color][/font]going to take or settlement. Can anybody out there help with this?

You do have a civil suit of negligence, against your employer too... right?

Also if a permanent impairment award is due, I was told it has to be close to a year before you file for a AMA guideline rating to be preformed. I had mine at close to 11 months. I am not sure but every state may be different. Are you left hand dominant?

Coachdad

Answer to your question is no... No Civil Suit. That's one of many things Work Comp Insurance is all about. Employer's pay for Work Injury Insurance, to rid them from Civil Suit, is one of many issues. Work Comp states injury will not be fault of you or your employer. Or better said, a No Fault Sysytem...

David55

By any chance are you being treated now for other issues then just the hand injury? If yes, this can add to your delays also.

Bad Boy Bad Boy Wrote:

Coachdad

Answer to your question is no... No Civil Suit. That's one of many things Work Comp Insurance is all about. Employer's pay for Work Injury Insurance, to rid them from Civil Suit, is one of many issues. Work Comp states injury will not be fault of you or your employer. Or better said, a No Fault Sysytem...

Wow BBBB! So he can't sue the company because they didn't fix saftey equipment? I would think the insurance would take note of their neglect and be able to get out of part of the settlement, leaving the company liable on a huge compensation suit.

Man... I watch way to much T.V.

Coachdad...You would think in a perfect world that;s the way it would work but WC is far from that. He can report them but not much else.

capricorn Wrote:

Coachdad...You would think in a perfect world that;s the way it would work but WC is far from that. He can report them but not much else.

Cap!

You got to be kidding me! I read all the time, see this on the news all these multi million dollars suits against this exact samething. Why is this so different?

Gawd I feel so out of touch! Also pissed off for Dave! It's not like he can go buy another hand! Wow... and I'm worried, whinin' and complainin' over a bad back. Now I'm pathetic!

Workers' Compensation Discussion Forums

David55

1171

David55

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sparkey

Bad Boy Bad Boy

Bad Boy Bad Boy

coachdad

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coachdad