WC Settlements

[Coach123]

In September of 2008 I was injured walking across an are at work and ended up losing a hip from Avascular Necrosis, which is a loss of blood supply to the hip joint. It is the same injury Bo Jackson, a famous pro athlete suffered and ended his career. The final medical evaluator has ruled the company to be 100% at fault with no prior medical history showing hip arthritis, in fact just the opposite was seen on the initial x-rays. Within six months my hip died and I was diagnosed with needing a new hip. Now they have rated me at 22% permanent impairment. What does this mean in layman numbers and dollars. I guess it all comes down to what is a hip worth? Help me understand what is a correct settlement number. I am still being treated for post surgical Iliopsoas and Hip Bursitis and soft tissue injuries that were never dealt with by the WC doctors and now are chronic. Please help me understand. I am in California.

[Bad Boy Bad Boy]

You'll never find an answer to a settle amount that will ever be the correct dollar amount. Even if a person had the same exact injury, the dollar amounts will always be different. You medical documents is what will make the settlement, along with your rating, if the rating is whole body or just for the body part, that too will change the dollar amount.

[Coach123]

My rating is 22% impairment because I had to have my hip replaced. So,there is no ball park of what losing your hip to a work injury has been settled in the past?

[1171]

your 22 % rating can be calculated but your future medical needs are unpredictable from what you've provided.
impairment is not used for calculating payments.
you have to have permanent disability rating using your age, occupation and future earning capacity factor. there are other variables like your earnings and whether you were offer modified work.
ratings are complex.
if you want to try and convert your impairment rating you can use the manual here
http://www.dir.ca.gov/dwc/PDR1997.pdf
or there is a free online calculator here (have to register)
http://www.pdrater.com/original-calculators/

my ballpark guess is about $20K plus or minus $2500

[Coach123]

That is all a hip is worth with no prior history of arthritis? I am 64 years of age, will not be able to work again as no one will hire someone my age. So, this blew me out to Social Security next year. On top of all of this, as soon as my employer heard I needed a hip replacement, they fired me!

[AQA]

Just because you had a hip replacement and are 64 years old. Does not mean no one will hire you. My wife had a hip replacement. She is not quite your age, but she got hired to work for the San Antonio school district.

[Coach123]

My future employment opportunities are very limited. I was a Realtor for 30 years and we know what happened there, took this job as a property manager, slipped and fell, hip died, they prescribed drugs to kill the pain, under the influence of pain, made mental mistakes at work, pain grew much worse, prescribed more drugs, more mistakes, they were told I needed hip replacement, fired me. Now no job, ready to work again, resume been out there for months, no calls, nothing. Now I am being told my hip was worth 20k. I don't think so.

[jayne]

WC does not pay for pain and suffering just % for future lost earnings and since you are 64 they may only pay future on one year....

[Coach123]

So, they might add one year of salary to my award? Might they go back retroactively to the date of injury or only back to the date of firing?

[jayne]

no sir not one year of salary to your award.....you missunderstand 1171 is a professional at california WC..... I cannot tell you any closer than 1171