How to determine what a settlement for a work-related injury should be?

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How to determine what a settlement for a work-related injury should be?

I am a injured worker and have been out of work for 10 months for 3 herniated discs. I recieve the max rate of $739 and I have been to 2 IME and they both give me a 75% disability. My doctor gives me 100%. The insurance company is looking to settle the case. How much should I expect to receive? Should I speak with a personal injury attorney? In White Plains, NY.

Asked on August 11, 2011 New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You need to speak with a workers compensation or disability attorney.  Ultimately, those numbers you look for are based on many factors, including the type of work you did, whether you had previous workers compensation, whether you have a long work history or injury history, how long you have left to work (retirement age or not) and whether this is a permanent disability. A lawyer who represents you and who has had extensive experience in this matter will be able to help you decide your best options and what to appeal and what not to appeal.


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