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gpsyeyes
She's my world!!!
Member since 8/06 1184 total posts
Name:
Karen
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workers' comp question
My DH has a claim which they are looking to settle with him. Our attorney does nothing to answer our questions, so I thought I'd try here. They are doing a "scheduled loss of use" hearing soon to come up with a number. His doctor has him permanently 15% disabled. I can't tell from the website if their is a way to "ballpark" what amount of money they will be offering him. Something about his average weekly wage multiplied by a certain number of weeks, but how many weeks?? Any help would be great. Thanks!
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Posted 1/22/09 6:16 PM  |
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Drewzilla
LIF Zygote
Member since 1/07 25 total posts
Name:
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Re: workers' comp question
A co-worker of mine had 25% loss of use after shoulder surgery and got $25,000. Than they took back $17,000 to pay back his salary for the time he was out.....so he ended up with the difference. Hope that helps a little.
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| Posted 1/22/09 6:28 PM |
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Re: workers' comp question
There is a formula for this, so you should be able to come up with an exact amount. However, you said that his doctor gave him a 15% SLU (Schedule Loss of Use). Has the insurance company doctor given an SLU opinion yet? His attorney should have the figures that they need as long as they know the SLU. ETA: Maybe they do not know the final number yet. It is all going to depend on the SLU and usually he will have an IME specifically for that.
Message edited 1/22/2009 7:22:01 PM.
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| Posted 1/22/09 6:59 PM |
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gpsyeyes
She's my world!!!
Member since 8/06 1184 total posts
Name:
Karen
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Re: workers' comp question
We are waiting for the IME to be set up. He went on one in the past & the doctor seemed to think he was worse than his own doctor did. Just assuming they use the 15%, how does it work out? Thanks.
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| Posted 1/22/09 9:08 PM |
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Tinyswife
My family is complete
Member since 4/07 1819 total posts
Name:
Cathleen
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Re: workers' comp question
For my husband they took 3 different drs scheduled of loss numbers and averaged them out for the number to settle on. There dr will for the most part go under your dr. Then for my husband the lawyer sent him to a dr who had the highest number and this helped alot. They agreed on 18%. After lawyer fees he got about $15,000.
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| Posted 1/23/09 4:01 AM |
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gpsyeyes
She's my world!!!
Member since 8/06 1184 total posts
Name:
Karen
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Re: workers' comp question
Thanks for the info. What about the part about taking the average weekly wages & multiplying them by a certain number of weeks? What is the number of weeks they use??
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| Posted 1/23/09 9:19 AM |
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gpsyeyes
She's my world!!!
Member since 8/06 1184 total posts
Name:
Karen
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Re: workers' comp question
anyone else with any WC info?? Thanks
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| Posted 1/23/09 8:16 PM |
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Blissful
Ultimate Expression of LOVE
Member since 6/08 4985 total posts
Name:
Maria
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Re: workers' comp question
If you FM me your email I can send you a HUGE document on NY schedule loss of use determination....... Its really helpful!
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| Posted 1/23/09 8:21 PM |
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OStewarts
LIF Adult
Member since 11/07 1096 total posts
Name:
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Re: workers' comp question
Posted by gpsyeyes
Thanks for the info. What about the part about taking the average weekly wages & multiplying them by a certain number of weeks? What is the number of weeks they use??
Off the top of my head, I would imagine that they multiply it by the number of weeks that he was unable to work or perhaps from the date that he filed the claim? Does that make sense?
My Dad had a WC case that dragged on for years (asbestosis, so sad because he is truly sick from it) and he ended up getting a few years worth of comp in one lump sum. It was over 50k by the time he actually received it. He continues to receive a weekly check because he is totally disabled to this day and will never recover.
Also, I learned recently that you don't pay tax on it because its not considered wages.
Hope this helps.
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| Posted 1/23/09 9:55 PM |
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gpsyeyes
She's my world!!!
Member since 8/06 1184 total posts
Name:
Karen
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Re: workers' comp question
Posted by OStewarts
Posted by gpsyeyes
Thanks for the info. What about the part about taking the average weekly wages & multiplying them by a certain number of weeks? What is the number of weeks they use??
Off the top of my head, I would imagine that they multiply it by the number of weeks that he was unable to work or perhaps from the date that he filed the claim? Does that make sense?
My Dad had a WC case that dragged on for years (asbestosis, so sad because he is truly sick from it) and he ended up getting a few years worth of comp in one lump sum. It was over 50k by the time he actually received it. He continues to receive a weekly check because he is totally disabled to this day and will never recover.
Also, I learned recently that you don't pay tax on it because its not considered wages.
Hope this helps.
Thanks for the info - sorry about your dad - my dad had mesothelioma (he passed in 2004 from it). He was retired but sued the asbestos companies directly and got some very large settlements. FM me if you want more info.
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| Posted 1/23/09 10:00 PM |
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