I have opted out to hire an attorney for my left shoulder injury that I sustained while at work. The workman's comp has been paying the bills and my TTD. I wanted to know if anyone knows what "FAIR" compensation for my injury is. The MRI came back showing supraspinatus tendinitis and bursitis, ac arthritic changes with inferior hypertrophic spurring narrowing the subacromial space with impingement, and the rotator cuff appeared intact. My ortho-surgeon specialist started me on therapies and is stating that I am a candidate for surgery.

What a funny - typical US-American - type of question...

What about all the real costs involved for you in the entire healing process, plus a small amount to compensate for all inconveniances ?

:rolleyes:

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I totally agree with you.. I have 2 toddlers that I can't pick up normally and carry around and do things with because of my injury anymore. This is the BIGGEST inconvenience in my life, but who gives a sh** about that right? That's why I'm asking this questions, workman's comp of coarse wants to settle and I haven't even had the surgery yet. I know they don't care about me or my future, even though I worked like a dog.

The attorney would have a more realistic answer for you on just how much you should receive. A good WC plaintiff attorney is very hard to find. Most of them are swamped in cases and unless they have a larger staff to tie up the loose ends for them, your case will suffer. Am surprised that you have handled your own case this far without many problems. Remember, WC is an insurance company run entity and the more money they can keep and not pay you, the happier they are. You may be bitter about your inability to pick up your kids now, but if you look at the big picture, you should be grateful that you have the medical care available to you at no cost to you. WC is not like winning a mini lottery. It is not so that you can suddenly get rich. I worked for a defense WC firm years ago when WC was literally like winning the lottery in some cases. This has been severely curtailed over the years and now the insurance companies are much more conservative in their awards for injuries above and beyond the medical aspects of the injury. If you were totally incapacited and could not use your arm at all (or had it missing due to the injury) you would obviously receive more compensation. You definitely need to consult with a good WC attorney about your case before too much time goes by for you to get a good settlement.

If you are a candidate for surgery, then you need to know how much cost is involved in doctor visits, surgical repair, hospitalization, rehabilitation, and time lost from work; you may be entitled to milage and child care costs. I wouldn't begin to think 'settlement' until you are completely restored to health. At that point, you may take the sum of all your expenses and multiply by 2, 3, or 4, to get a range of your demand. Your insurance carrier is already evaluating your (its) costs and looking for a way to minimize them. The 'magic' words are when your doctor says you are returning to work without limitations, and you are having no pain. In some states, the insurance carrier is responsible for restoring your shoulder for the rest of your life; it is called a 'change in condition'. That is a substantial right to exchange for money, so be certain what you are giving up for cash.

Why? WC cases are not necessarily a negligence issue. I am not sure how the employee's shoulder got injured, but why would he be entitled to anything more than the cost to fix the problem? If he waits until after he is completely restored to health, then surely his settlement shouldn't be anything more than the costs incurred? Now, if he is trying to determine a cost before the treatment is complete, then I can see multiplying known and projected costs to cover some undiscovered problems. But as someone said, this isn't a lottery, and once all the costs are known, that should be the cap.