Valley Springs, CA asked in Workers' Compensation for California

Q: Settlement from workers comp should I take it ?

I had over 100 pounds of box’s fall on top of me while delivering to a store. It not happend once but twice. I injured my right shoulder lower back neck and upper extremity. I had surgery on my right shoulder. I went to a QME and was given 35% full body permanent disability. 3% was my shoulder I was offered from workers comp today $80,000. I am 33 years old and was told by QME I cannot do my job anymore due to injuries. My attorney says it’s a good amount. That if they try to get more we might go to court and I’ll probably get much less.

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2 Lawyer Answers

A: So you had surgery on a shoulder and were given 3%, the rest or 32% pertains to your low back and neck. Something is off. In fact, your question cannot be answered because there is not enough information. For example, are you close to Medicare age? If so, there must be a medicare set aside. If you are received any type of state or federal benefits, then you will need a Special Needs Trust. You have to look at the quality of the medical legal report as well. Is it substantial evidence. Are the ratings correct? In sum, you need to speak to someone who has reviewed your entire file and evaluated your situation before you settle. The court provides an Information and Assistance Officer who will evaluate your case for free. I suggest you start there. So NO, not yet.

James L. Arrasmith
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Answered

A: When deciding whether to accept the settlement offer, it's important to weigh both the short-term and long-term impacts of your injuries. You've already experienced significant trauma, undergone surgery, and now have a 35% permanent disability rating, which will affect your ability to work in the future. Since the QME has stated you can no longer do your current job, your future earning potential may be limited, and this should be a key factor in your decision.

The $80,000 offer may seem fair on the surface, but you need to consider how this amount will support you in the long run, especially given your young age and potential for future medical expenses or job retraining. It might be worth discussing whether the settlement includes future medical coverage or vocational rehabilitation, both of which could ease your transition.

Ultimately, if your attorney believes this is a good offer and you are concerned about the risks of going to court, it may be worth considering. However, if you feel unsure or believe your future needs aren’t fully addressed, you can explore your options further before deciding. Take the time to make sure the settlement aligns with your long-term well-being.

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