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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 117375
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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How much a rotator cuff injury case worth for a 36 years old

Customer Question

How much a rotator cuff injury case worth for a 36 years old man against Fedex?
Submitted: 1 year ago.
Category: Personal Injury Law
Customer: replied 1 year ago.
Had surgery, but still suffering pain and discomfort. 15% permanent disability confirmed by a QME doctor. Future career: dentistry.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Typically, for a 15% disability rating you are looking at a permanent disability settlement of exactly that 15% of your average base salary at the time of your injury for the next 10 years. We cannot put a specific amount on your payment because it depends on your pay and other factors, but that is a general guideline for customers to use for permanent disability calculations.
Customer: replied 1 year ago.
it depends to my income at the time of injury or my future career?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
It depends on your income at the time you were injured, not your future career.
Customer: replied 1 year ago.
could you please give me a rough estimate of the settlement if my weekely income was around $300.
Customer: replied 1 year ago.
with and without future medical care.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Using a calculator, it is about a $25,000 settlement, actually $23,400 approximately, for permanent disability impairment. Future medical care is separate and we cannot calculate that because we cannot review your medical records and that is well beyond what we can do on this site. You would need a local attorney to review those medical records.
Customer: replied 1 year ago.
Thank you. Does it include the Psych portion of the case?
So, it does not matter what type of job I'm going to do in the future and how much I will make?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
No, your permanent disability payment is based solely on the permanent disability rating. It does not matter on your future job, workers compensation is not like a tort claim where you could pursue future losses, you can only pursue actual loss based on that disability rating based on income at time of the injury.
Customer: replied 1 year ago.
OK. Thank you. As a commenet I do not understand why work comp does not consider future losses, they suppose to do since an injury can affect your future financially, physically,...and it does not matter you injured at work or in an accident. This law sounds wierd to me!
Customer: replied 1 year ago.
How can I have future medical care after settlement?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply, sorry for not replying last night but I am online from about 7AM and it was getting late.

Workers compensation was enacted to place strict liability on employees for these workplace injuries. As an exchange for making the employer strictly liable in all cases of workers compensation injuries, the employees lost some rights such as the right to sue in tort and the right to make monetary claims they could normally make in court, such as future earning potential or pain and suffering claims. It was a trade off lawmakers made to make employer's strictly liable.

One thing they did is limit money damages for permanent injury and lost wages/earnings to the base pay the employee was earning at the time they were injured.

Future medical is separate from your permanent injury award. In most cases, when settling these types of claims where future medical is hard to determine, the settlement does NOT include future medicals, which leaves the insurer liable to continue paying medical expenses as they continue to occur. In events where future medical is included in the settlement, what must happen is the medical records need to be reviewed and medical reports are required regarding the amount of medical treatment and approximate costs going into the future and that is the only way to put a number on them.

I hope this clears things up a bit.

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