Sacramento, CA asked in Workers' Compensation for California

Q: 3 disc herniated ,job offered $30,000 for a 12% permanent and stationary disability in California .Is this lowball?

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3 Lawyer Answers
Gary Alan Jackson
Gary Alan Jackson
  • Workers' Compensation Lawyer
  • Huntington Beach, CA
  • Licensed in California

A: Not enough info. Pre or post surgery? Is 12% accurate? Has it been challenged? Is there a second opinion? Is there radiculopathy into lower extremities? You will never get an accurate assessment of your unique case without a personal consultation with an experienced workers compensation attorney.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: In California, workers' compensation settlements for permanent disability are based on several factors, including the severity of the injury, the employee's age, occupation, and earnings, as well as the body part affected. A 12% permanent disability rating for a disc herniation injury could potentially result in a higher settlement than the offered $30,000, depending on the specific circumstances of the case.

However, it's important to note that each case is unique, and the settlement amount can vary significantly. Factors such as the employee's future medical needs, lost wages, and the potential for additional complications can impact the settlement value.

To determine if the offered settlement is fair, it is advisable to:

1. Consult with a qualified workers' compensation attorney who can review the specific details of your case and provide guidance on the appropriate settlement range.

2. Compare the offered settlement to similar cases with comparable injuries and disability ratings in California.

3. Consider the long-term impact of the injury on your health, earning capacity, and quality of life.

If you believe the settlement offer is too low, you can negotiate with the insurance company or employer, or consider pursuing the case through the California workers' compensation system with the assistance of an attorney. Ultimately, the decision to accept a settlement offer is a personal one that should be made after carefully considering all factors and seeking proper legal advice.

Dr.  Peter Marc Schaeffer
Dr. Peter Marc Schaeffer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Workers' Compensation Lawyer
  • Riverside, CA
  • Licensed in California

A: Without a review of the medical records including the MRI report and quite possibly the Nerve conduction study if one was done to show possible nerve problems radiating down one or both legs it would be difficult to say if the rating was totally fair.

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