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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 111609
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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I had two disk removed and spinal fusion. Nerve damage in right

Customer Question

I had two disk removed and spinal fusion. Nerve damage in right leg and continous pain. I made $900 weekly and have been declared disable by my dr. Can only lift up to 20lbs and occasionally bend or twist. I only have an eight grade education and have only done physical labor. I have applied everywhere and can not find a job. How would i calculate my lost wages, pain and suffering and prognosis is to stay the way i am not change. Accident at work. My accident wad July 28th, 2006.
Submitted: 7 years ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 7 years ago.
The way your lost wages would be calculated would be based upon the highest income on the last job you held before your injury. As far as pain and suffering, if this is a workers compensation injury claim, you are not entitled to pain and suffering. All you would be entitled to would be a settlement based upon the permanancy of your disability based upon the disability rating given by your doctor. At this point you MUST get an attorney to deal with this for you and most workers comp attorneys handle these cases on a contingency basis and they will have an actuarial analysis done with your wages/age and disability to determine the most accurate value for your case.

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Customer: replied 7 years ago.

You were very helpful please answer one more wuestion. How do I calculate the rating. Back injury and say 75 % disabled?

 

thanks

Expert:  Law Educator, Esq. replied 7 years ago.
The doctor who is treating you must give the disability rating and it is calculated based upon the work you are able to perform and your condition. Thus, you need to ask your treating doctor to calculate this for you.