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Brandon, Esq.
Brandon, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 1737
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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What are the chances of me getting a decent settlement, due

Resolved Question:

What are the chances of me getting a decent settlement, due too an injury I sustained on my job? That worker's comp Dr. said I was permanentally restricted on? Plus, the the compamy said they were NOT going too accomodate my restrictions?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Brandon, Esq. replied 1 year ago.

PI-Expert :

Thank you for your question today.

PI-Expert :

Are you online with me?

PI-Expert :

First, let me say that I am terribly sorry to hear that you are in this situation. It is a shame when an employer acts in a way that is without legitimacy. Especially when that action is unlawful. Concerning your question, there are two separate claims that you mention. The first is a workers compensation claim. Unfortunately, workers compensation law is not set up to make a person rich, but exists to help a person stay on their feet while they get better enough to go back to work. There is a big difference between permanently disabled and permanent partial disability. If it is the former, $20,000 is very low. If it is the latter it may not be. In a situation where there is permanent partial disability you would usually receive payment for all medical bills, lost wages, and a set amount for the permanent disability. This amount is set up by law. The real money claim is the emotional damage you suffered, which is something that is not accounted for in workers compensation law. That being said, it appears you have an additional claim for failure to accommodate under the ADA. An employer is required to provide a "reasonable accommodation" that aids you in performing the essential functions of your job. A failure to provide this allows the emotional damages I mentioned above. So, if the accommodation being asked for is reasonable, and if you are still able to do the essential functions of your job, then $20,000 sounds low and you should contact an attorney in your area immediately.

PI-Expert :

If you decide to hire an attorney, a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys prior to selecting the one you feel most comfortable with.

PI-Expert :

In a case like yours an attorney would take your case on contingency, which means that you would end up paying nothing out of pocket.

PI-Expert :

In regards XXXXX XXXXX in a workers compensation case, you will end up with the most money if you are no longer able to go back to work. However, in a discrimination case, if you can go back to work and they do not let you then you will end up with significantly more money. Of course, how to proceed is up to you.

PI-Expert :

Please do not hesitateto let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

PI-Expert :

Have a wonderful rest of your day.

Brandon, Esq., Attorney
Satisfied Customers: 1737
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 5 other Personal Injury Law Specialists are ready to help you
Expert:  Brandon, Esq. replied 1 year ago.
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