How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Legalease Your Own Question

Legalease
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 14511
Experience:  13 years experience in employment law, unions, contracts, workers comp law
20355756
Type Your Employment Law Question Here...
Legalease is online now
A new question is answered every 9 seconds

TYPICAL PAYMENT FOR AN ACL RECONSTRUCTION FROM WORKERS COM

Resolved Question:

TYPICAL PAYMENT FOR AN ACL RECONSTRUCTION FROM WORKERS COMP
Submitted: 4 years ago.
Category: Employment Law
Expert:  Legalease replied 4 years ago.

Hello. Under worker's comp. laws you do not receive a payment based upon the injury itself or the surgery -- you will be paid a certain percentage for a "loss of function" to the body part that was injured -- but that percentage cannot be determined for months after the surgery and post-op therapy and treatment and you will be given a percentage by your own doctor and then the worker's comp insurer will put a percentage of disability on your injury/body, and then the worker's comp judge usually settles on a number somewhere in between. If there is no percentage of disability (you make a 100% recovery), then you will not receive this payment -- you will simply receive approx 60% of your paycheck as a worker's comp payment each week until you return to work and all of your medicals will be covered.

 

GOOD LUCK

 

 

THANK YOU

Customer: replied 4 years ago.
YOUR NOT TELLING ME NOTHING MY ATTORNEY TOLD ME THAT THEY ARE WILLING TO SETTLE AND IT WAS GOING TO BE BETWEEN 1.5 TO 4 YEARS OF MY SALERY WHAT DOES IT MEAN AND WHAT ARE MY OPTIONS
Expert:  Legalease replied 4 years ago.

Your attorney is correct. Worker's comp laws do not work like a regular lawsuit. You are paid a weekly wage for a certain number of years (there is a limit to the number of years), and if you "settle" early, the comp insurer is only required to pay you a certain number of those weeks in a lump sum -- and your attorneys job is to try to make the comp insurer offer as many weeks in one lump sum as he can get out of them. In addition to the lump sum of your weeks, you are entitled to a payment for the percentage of disability that you have suffered to the body part that was injured. There really is nothing different that I can tell you on the matter -- but if yo are looking to confirm that your lawyer is not jerking you around or lying to you to get you to settle, I can tell you that he is not. Worker's comp laws STINK and the injured worker is the one who gets the short end of the stick in the long run.

 

 

Customer: replied 4 years ago.
IS THERE ANY KINDA FORMULA
Expert:  Legalease replied 4 years ago.

The lump sum settlement is based on the number of weeks that you have left on your claim. For example, if you have 260 weeks to be paid for a "temporary" disability and you have been collecting for a year (52 weeks), then there are 208 weeks left on your claim -- so your lawyer will negotiate with that as the starting point and his goal is to get you a many of those weeks as he can in a lump sum settlement. (There are provisions for longer terms of payment for a "permanent totally" disabled person -- but in order to qualify for those benefits your injuries would have to be catastrophic -- such as a workplace injury that leaves you paralyzed -- and you could be paid weekly for the rest of your life, but then you would never be eligible for a lump sum settlement because there is no such thing as being able to sue for pain and suffering under the worker's comp laws).

 

The percentage of disability is determined using American Medical Association (AMA) guidelines on placing a percentage of disability on the loss of function to a body part. This is made when you reach a medical end (they cannot due anything further for you). As I said earlier, they will send you to a doctor and your own doctor and each put a percentage number on your end point disability -- and then your lawyer negotiates with the insurer to get the highest amount that he can get on your behalf -- which percentage number will probably be somewhere between your doctor's number and their doctor's number. The comp board then has a chart that they use for an amount for the loss of use of a body part and the percentage number that is placed on the body part that you have lost use of will be the percentage amount of the total loss amount that you should receive. Sometime the employer will try to claim that there is no loss of function in which case a worker's comp judge will make that decision in a hearing on the matter.

 

So, that's how the worker's compensation laws work and the formulas used to calculate percentages of disability.

 

GOOD LUCK

 

 

THANK YOU

Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 14511
Experience: 13 years experience in employment law, unions, contracts, workers comp law
Legalease and other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.