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Settlement Question

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  • Settlement Question

    Two years ago I injured both shoulders (each considered a different WC case). I have had surgery on both shoulders - right shoulder in 7/03 and the left in 12/03 with extensive physical therapy on both shoulders. While off on compensation I was terminated from my position at work. I have been diagnosed by 2 doctors as being permanently partially disabled in both shoulders - the right 30% and the left 60%. In the past 5 months I applied for several full time jobs - but due to my lack of motion in my shoulders, 3 very good jobs that I was offered were taken back when I could not pass the physical. Very frustrating that what I've done for the past 30 years I can no longer do. For the past month I have been working for a company at a job that I had never done before. I am now making $200 less a week then what I had been making for many years. I have been notified that a determination hearing has been scheduled soon to finalize my workers comp case. With my permanent disabilities, will I be entitled to a settlement? I feel that I should due to my permanent injuries - and over the next 25 years or so I will definitely not be making the money I should be or would have prior to these injuries. I appreciate any advice you can give me.

  • #2
    It sounds like you should qualify for a settlement, be it a lump sum award or longterm benefits. However, you should be prepared to present medical proof regarding the injuries and that they were work-connected and a result of your work for that then employer. It may be helpful to obtain counsel. Usually, a workers comp atty will be paid by a percentage of the lump sum award.


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