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Settlement offer florida
#1
Hey everyone I'm new to this forum and have a few questions concerning my case. So I was injured at work in 2016 when a guardrail fell on my shoulder which broke my collarbone tore my labrum and caused some nerve damage. I had an arthroscopic surgery to repair the labrum and multiple test injections imaging and PT Throughtout my WC claim. Nothing has ever been denied due to their part but my Dr. Wants to do an "exploratory" surgery on my shoulder again since it hasn't healed. I've been on 2lb work restrictions for the past 2 years and my attorney called me in for a mediation last week. They offered 42k for me to sign off on all future benefits. Tbh I don't want to get another surgery especially since he doesn't know what I should be expecting. I can't really afford to live off the 66 percent of what I was making when I was injured. I'm 27 yo and I was seeing if this seemed like a fair amount or not. Any help will be appreciated. I do have an attorney and he is claiming it is a great offer and I do trust him to a certain extent but it isn't a substantial amount of money to have to quit my job
 
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#2
since you do not have a clear understanding of the comp benefits available, you are not really in a position to evaluate the amount of settlement offered.
workers compensation is "no fault" insurance and cannot be compared to a civil liability claim when one party has liability.
in workers comp both the employer and employee share the cost of the injury. the benefits are fixed by law and in most cases the wage replacement temporary disability and the medical treatment $$ make up most of the benefits. permanent impairment disability is limited by your impairment rating. you should have your atty explain how your settlement has been calculated. you may find it "more fair".
more information on permanent disability benefits are here
https://www.myfloridacfo.com/Division/WC...efault.htm
impairment calculator here
https://www.myfloridacfo.com/Division/WC...IBcalc.htm
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
While I value 1171's advice and commentary, I must impart my experience from my case and worker's comp law firm. If you have a strong feeling that your attorney is ineffective don't be afraid to ask for a new attorney - I'm glad I did as my intuition was clearly on the money. When it's obvious that the worker's comp adjuster, their attorney and your attorney are working in collusion with one another then its time to speak up and stand up for your self.

I'm much older than you (61) with a much longer work history (social security wages beginning in 1972) and that does play a big part as you have many more possible 'working years' ahead of you. By the way, I was raised in FL and lived there 34 years. In my case it was mostly 'repetitive motion' type injuries over a period of many years that I was unable to get any movement on medically or legally.

It took a specific injury, at a specific location, at a specific time to get the legal ball rolling. I did receive some cash for the 'repetitive motion' injuries but no corrective surgery as the employer denied responsibility although these injuries are common (statistically speaking) with this type of work. We notice we are slowing down, take more time to manage the pain and properly finish the job - went on for many years until I tore a forearm tendon in my right arm. I had already tried to get an orthopedist to look at the other pressing issues with no luck. His written statement to the NC Labor Board stated otherwise.

From what I'm reading, you're unable to go back to doing your current trade? Will be able to go back to work at all or at something well below what you were doing before the injury? Eligible for job retraining? My settlement acknowledges I 'probably' won't return to 'gainful employment' due to an unrepaired shoulder and an unrepaired back.

I was given a 5% disability for my right shoulder, the one with the unrepaired rotator cuff and tendon reattachment surgery (15lb lifting limit). I also have ongoing range of motion issues with the right arm - reaching over my head and shaving with my right arm are problematic and I have to sit down and rest after showering/shaving in the morning due to back - knee - hip pain. I'm better off than many; awaiting an answer on my SSDI app and will apply for early SS and company pension late this summer.

Please keep us informed on future developments.
 
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