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NYS injury settlement-please help! - Pjr1045 - 05-16-2014

Hey everyone-
I was curious about settlements, Hopefully someone can give some insight!

I'm 31, I was injured in February 2012 while working. I am a correction officer and while on duty I was attacked by an inmate. I sustained injuries to both my shoulders, head and neck.

I had surgery to repair the labrum and other muscles in My left shoulder. I've also had many injections to help alleviate the pain. My shoulder still hurts and doesn't feel better at all. My right shoulder is just as bad if not worse, and due to the first surgery not helping I've decided against doing the right.

I have 5 herniated discs, pains in my neck and migraines in my head..

My left shoulder is scheduled at 55% loss and right is 60%. I don't know what they rated my head or neck for the herniated discs.

My question: will I receive a settlement for each body part? Or is it just one percentage rated all together? And what would a fair settlement be to close my case- both medical and for workers comp checks? My pay before injury was 1350 every 2 weeks.

My attorney filed the paperwork to get things moving with the state in terms of closing my case, I was just hoping someone could give me a guesstimate on a ballpark settlement.

Thanks guys!!

RE: NYS injury settlement-please help! - 1171 - 05-16-2014

in a multiple injury situation the ratings are combined for the one injury.
your atty can compute your disability including the unknown body parts and include the future medical if that is included in your settlement.
factors and amounts vary too much to guess or ballpark.

RE: NYS injury settlement-please help! - Pjr1045 - 05-19-2014

Would it be an unreasonable assumption to expect a settlement in or around 100k? Reason being, I've read here where folks clear 70k for carpal tunnel. I was curious to understand how, and considering I have not one but 2 major issues with significant body parts (in terms of maximum weeks) and head/spine injuries- I would assume to see more,
I of course know, all cases are unique and not one is the same.

The post sounds redundant like I didn't listen to the person who replied, that's not the case at all. I'm just worried about my financial situation from not working, and a bit of good news in lite of the stressful and very painful 2 years, would be a blessing. My calculations based upon my percentages seems high, and I havent heard back from my attorney in terms of what category spine and neck injuries fall in.

RE: NYS injury settlement-please help! - Manley2 - 05-19-2014

70k for carpal tunnel? I'd like to see that one

RE: NYS injury settlement-please help! - 1171 - 05-19-2014

no one here has enough information to guess the value of the future comp benefits to which you might be entitled.
you can find out more about NY permanent disability benefits here:

"The Board must establish a reasonable loss of wage earning capacity based on the facts in the case. The LWEC is determined based on medical evidence and vocational factors. Medical evidence includes the nature and degree of the work-related permanent physical and/or mental impairment and its impact on the claimant’s functional abilities. The inquiry seeks to quantify how much earning power an injured worker has lost in light of his or her medical impairment, functional limitations, prior work history,
education, skills, and aptitudes. There is no simple formula to determine loss of wage earning capacity."
See Matter of Longley Jones Management Corp., 2012 NY Wrk
Comp 60704882; Matter of Buffalo Auto Recovery, 2009 NY Wrk Comp 80703905.

here is the earning capacity payment schedule:

RE: NYS injury settlement-please help! - Pjr1045 - 05-19-2014

It may be this forum or there is one other that I looked through, and I know that it sounds ridiculous, but someone wrote that's what they received. Now, whether they made it up or not is of course a possibility. I just hear of people getting high amounts for injuries that don't appear to be very substantial.. But then again, who am I to say if someone isn't deserving of what they get.

Thanks for the link and for responding to my post. Hopefully things work out for the best. This forum is very helpful!