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re: How much would you expect to get in a settlement from a

Posted on 9/19/16 at 9:00 pm to
Posted by TigerGman
Center of the Universe
Member since Sep 2006
14079 posts
Posted on 9/19/16 at 9:00 pm to
quote:

Workman comp? You are so screwed.


Why?



Are you in Louisiana? You're screwed.
Posted by Ric Flair
Charlotte
Member since Oct 2005
13879 posts
Posted on 9/19/16 at 9:02 pm to
Reimbursement for lost wages for time off work, any medical bills, and pain/suffering. Second degree is basically a bad blistering sunburn. They will probably offer 8 grand for pain/suffering, your attorney will come back with 300 grand, and you'll settle for 10-30 grand for pain/suffering.
Posted by LSUfan4444
Member since Mar 2004
57350 posts
Posted on 9/19/16 at 9:03 pm to
Posted by OWLFAN86
Erotic Novelist
Member since Jun 2004
197913 posts
Posted on 9/19/16 at 9:03 pm to
quote:

Supreme Tiger
sorry to hear you had to endure this, glad youre OK
Posted by TigerGman
Center of the Universe
Member since Sep 2006
14079 posts
Posted on 9/19/16 at 9:06 pm to
quote:

and pain/suffering


Not in comp he won't. He can get a maximum of so many weeks wages for a burn. But the maximum is reserved for the most severe burns, so he likely won't get jack squat.
This post was edited on 9/19/16 at 9:24 pm
Posted by LakeViewLSU
Baton Rouge
Member since Jun 2009
17730 posts
Posted on 9/19/16 at 9:06 pm to
Don't put the balm on!


Posted by Btrtigerfan
Disgruntled employee
Member since Dec 2007
24169 posts
Posted on 9/19/16 at 9:07 pm to
quote:

sorry to hear you had to endure this, glad youre OK


:kige:

Glad you were cleared of responsibility as well. I hope you get enough you have some left after the attorney fees.
Posted by TypoKnig
Member since Aug 2011
8928 posts
Posted on 9/19/16 at 9:07 pm to
Posted by X123F45
Member since Apr 2015
29994 posts
Posted on 9/19/16 at 9:09 pm to
Honest answer, about 75k.
Posted by Y.A. Tittle
Member since Sep 2003
111619 posts
Posted on 9/19/16 at 9:09 pm to
quote:

How much would you expect to get in a settlement from a
quote:
Workman comp? You are so screwed.


Why?


Are you in Louisiana? You're screwed.




See if a contractor was at fault.
Posted by tigerwith3
Mandeville
Member since Dec 2011
1660 posts
Posted on 9/19/16 at 9:10 pm to
I know exactly what you'll get. The scarring provision in workers' comp is up to 100 weeks times your comp rate. That's what you'll get, plus your medical bills paid. There's no such thing as pain and suffering in workers' comp.
This post was edited on 9/19/16 at 9:13 pm
Posted by Spankum
The Sip
Member since Jan 2007
63270 posts
Posted on 9/19/16 at 9:11 pm to
hopefully more than the wages you would have earned by continuing to work for the company...because if you sue your own employer, you will soon not have an employer.

my point is, if you are making $75K per year every year, you damn sure don't want to lose that in order to get a single $50K "settlement". remember, lawyer fee is about 30% and it comes right off the top of the money that you get.
Posted by lsucoonass
shreveport and east texas
Member since Nov 2003
70122 posts
Posted on 9/19/16 at 9:14 pm to
What work did you do?
What was your salary?
Degree of disability?
Medical expenses(past present and future)?
What profits does your company make?
Are you easily replaceable?

Posted by airfernando
Member since Oct 2015
15248 posts
Posted on 9/19/16 at 9:14 pm to
I imagine there are a lot of variables. Could be a lot or a little.
Posted by Eightballjacket
Member since Jan 2016
8088 posts
Posted on 9/19/16 at 9:17 pm to
Workers comp is a trade off. In return for not having to prove your employer's fault, your recovery is much less than what you would receive if you could successfully sue a third party for the same injury.
Posted by tigerwith3
Mandeville
Member since Dec 2011
1660 posts
Posted on 9/19/16 at 9:17 pm to
You don't need an attorney. They get 20% of the settlement and you don't need them. See my earlier post. It's a simple calculation if your medical treatment is complete. Up to 100 weeks of your comp rate minus the weeks paid out. Tell me what your average weekly wage is or comp rate and how many weeks of benefits you've been paid (weekly checks that come to your house while you're out of work) and I'll tell you exactly how much you're owed.
This post was edited on 9/19/16 at 9:22 pm
Posted by boosiebadazz
Member since Feb 2008
86377 posts
Posted on 9/19/16 at 9:25 pm to
Fault doesn't matter in workers' comp. There's your first bit of free legal advice. Here's your second bit: get a lawyer.

ETA: a lot of bad advice in this thread, OP
This post was edited on 9/19/16 at 9:28 pm
Posted by TigerGman
Center of the Universe
Member since Sep 2006
14079 posts
Posted on 9/19/16 at 9:27 pm to
quote:

The scarring provision in workers' comp is up to 100 weeks times your comp rate.


The key words being "up to". Highly unlikely he'll get anywhere close to the 100 weeks.
Posted by Macavity92
Member since Dec 2004
6349 posts
Posted on 9/19/16 at 9:30 pm to
quote:

Reimbursement for lost wages for time off work, any medical bills, and pain/suffering. Second degree is basically a bad blistering sunburn. They will probably offer 8 grand for pain/suffering, your attorney will come back with 300 grand, and you'll settle for 10-30 grand for pain/suffering.


You do not get money for pain/suffering in comp.

Comp is paid at 2/3 of your average weekly wage. You can get amounts for scarring and amounts for disability and sometimes they offset --- in other words, in some cases, you can get one or the other but not both.

There are other amounts you may be able to get, such as future medical. You should consult an attorney who handles mainly workers' comp cases. Other attorneys may not understand the nuances of comp.
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
76131 posts
Posted on 9/19/16 at 9:37 pm to
quote:

What work did you do?
What was your salary?
Degree of disability?
Medical expenses(past present and future)?
What profits does your company make?
Are you easily replaceable?
This guy gets it, the numbers of a WC settlement are not pulled out of thin air, they're developed from what happened and how it impacts the worker moving forward as a worker. The general concept of WC is to get an injured worker rehabbed and working again.

The total concept behind Worker's Comp is pretty different than a personal injury lawsuit, although they might seem alike or related to the uninitiated.

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