How much for this workmans comp claim?

by Anonymous
(Montana, USA)

I am 48 years old and from the state of MT. I slipped on the stairs and broke my hip while at work in 2009. I underwent treatments and surgeries since 2009 but nothing seems to have improved my condition except for minor details.

The insurance has taken care of all the expenses so far. Since the start of 2011, the state fund has been providing me with complementary benefits of around $500 a month based on my 9% disability report.

My recent recommended surgery by the doctors was disapproved by the state fund. I decided to resign from my job and undergo treatment of my own in a third world country since it is less expensive there. Now the Montana state fund wants me to come up with a settlement amount to finish the deal.

How much should I ask for this workmans comp claim?

I have no idea where to start. Due to the treatment I'm losing my job for a year and I have to pay for the treatment as well. The accident has also caused permanent disabilities to my body. Your reply in this regard is greatly appreciated. Thanks a ton.

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ANSWER for "How much for this workmans comp claim?":

Anonymous:

Breaking one’s hip at any age can be a debilitating injury. As we get older the recovery time gets longer and there is never a guarantee the surgery will fully repair the hip.

You can start by adding up all of your medical treatment costs, your out of pocket expenses and lost wages. The sum of those amounts will give you a “baseline” from which to discuss settlement.

From there multiply the sum by three and you should them arrive at a fair settlement offer. Workmans Compensation does not allow payment for mental anguish, pain and suffering or punitive damages.

That means there is a limit to your settlement amount. You should be compensated fairly, though "fairly" is a relative term. For one person fairly is enough, and for another it might not even be close.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.


Best of luck,

Law Guy