Future Wage Expectancy This January [N.Y]

[thebluecoat]

Hello All!

I was injured on the job at the age of 20, am 22 now. I injured my lower back. I had MRI/X-RAYS taken which didn't show any evidence of a slipped/herniated disc, which lead to a diagnosis of "mechanical back pain", I was also told I would have pain forever on and off because of significant scar tissue buildup, so assuming the damage was muscular.

Anyway, I got a lawyer just in case, so the workers compensation company didn't try to pull anything over on me. They paid me on time, correctly, etc. Very friendly agent from this company personally assigned to me, but I bet she would screw me if she had too, so I watch my back even more (haw haw). I returned to work for awhile after I was rehabilitated (had a few shots in my lower back, PT, etc), then left again because of my back.

Didn't work for awhile, on, off, on, off. etc

I told the lawyer that I wanted to have a settlement from my case, and he asked me how much I wanted, I had no clue, so he said "How about we ask for $100,000) I said "wow sure fine". He wrote two "demand letters" which he hasn't received a reply back for, he says "they aren't legally obligated to fulfill the demand because it hasn't been two years after the date of accident to file a suit for "wage expectancy", this January will be two years.

What I'm asking is:

What is wage expectancy? What will I get from that?
I was making like $8.30 an hour

Can I settle? If I worked it right, how much would/should I receive?

I ask here because im too young and don't have parents to explain this to me. Secondly, since im not 100% disabled, and my condition is stable but not 100%, I feel like it would be a better option for my future to use the settlement money to wipe out my college tuition.

Help,please?
-blue

[thebluecoat]

Oh, and I have Open Medical, which the lawyer said he would make his suit to settle, to convert open medical to a settlement.

[AQA]

I am not an attorney. With that being said. Wage expectancy = the amount of money you would have made if you were not injured.

How much you will receive in the settlement ( if you get one ) no one can tell. Not every claim has a settlement. Just a question, what are you going to do for future medical, should you need it???????? Just a question.

[lfoster21]

That was my 1st question too. Of course the lawyer would want to include it in the settlement because he/she is going to get paid a % of what the settlement is. If they throw in the medical, you will likely get a little more money, thus the lawyer gets a little more money. But when it comes to the back, I have learned that it is rare that the pains and problems don't end after the 1st problem. It may not be right away, but if you ever need a surgery, which could be anywhere from 5 digits and up into the 6 digint figures...how will you pay for that. Many regular insurance companies will not touch something that was once a w/c case. So, just a thought to ponder.

As far as amount and even if you are able to get a settlement...AQA was correct in saying, everyone is different, mainly because there are so many things that can go into a settlement to come up with a figure. In VA, you have to have a permanent disability with either a limb, sight, hearing, scars that can be seen when a person is dressed, or death. If the Dr. says you can go back to work with restrictions, VA state will not give you a settlement. Thats just the beginning of figuring out a settlement. Just remember, a lawyer often does not get pain until you settle and the higher the settlement the more they are paid. So, they will often suggest going for one of these, if they think everything else is done with your condition.

Good luck and keep us posted.

[thebluecoat]

AQA Wrote:I am not an attorney. With that being said. Wage expectancy = the amount of money you would have made if you were not injured.

How much you will receive in the settlement ( if you get one ) no one can tell. Not every claim has a settlement. Just a question, what are you going to do for future medical, should you need it???????? Just a question.

I was just wondering "figures", not necessarily an accurate amount. I've just been dealing with the same pain for years now, and nothing has gotten done with it, so I figure, why not just convert my open medical case with my carrier, to a settlement (they win, I win)

I now have insurance through Medicaid, I doubt they would refuse to pay for something if I needed in the future.

[jclape]

hello i am in the same boat your in except i have a herniated disc and they are now trying to force me to take a job ansering the phone i have been out or work going on 3 years now .. i feel like i am getting the short end of the stick i wake up every morning extremely stiff and in pain it takes at least 4 hours to get the pain to reside to a functional level and the place of work said they would offer me a stool lol ya right . i need a couch. it is a game that i refuse to lose

[RNvic]

if they offer job that is within your restiction then you have to try and do it. If you find that you can't do it, tell them you need to go to the doctor or ER and go have the doctor take you off work. If you don't try then they can stop your benefits as you are refusing to work within resitrictions.

[thebluecoat]

been a long time!!!!!!! I'm 24 now figured I'd update. Just received another letter in the mail CC from my lawyer that says since I have been classified as having a permanent partial disability that my compensation carrier MUST produce a wage expectancy payroll.

I've been working at a job that is pretty much no labor (sales) I'm getting paid a bit more per year than the job at which the incident happened at. so when it comes to expecting some type of difference as I understand it, it would only be given to me, if I was actually making less than the other job "currently" right?

It just so confusing... What does that mean they have to produce a wage expectancy payroll?

[1171]

sounds like you are using a higher average weekly wage calculation:

from section 14 (5)

"If it be established that the injured employee was under the age of
twenty-five when injured, and that under normal conditions his wages
would be expected to increase, that fact may be considered in arriving
at his average weekly wages."
http://public.leginfo.state.ny.us/LAWSSE...ARGET=VIEW