An actual case that went to trial, the arbitrator wrote a decision for 35% loss of a leg. The injured worker was a 19 year old dance instructor. the diagnosis was an anterior cruciate ligament tear coupled with a torn medial meniscus. The surgery she underwent was a meniscectomy and debridement. During the procedure the surgeon noted a very large tear of the posterior horn of the medial meniscus, in addition a piece of the cartilage was broken off. The case was decided in 2007.
In 2007 an injured worker with a left shoulder rotator cuff tear and a massive acromion tear, that was surgically repaired with an arthroscopic procedure received an award of 25% of an arm. The arbitrator found that the injured employee who was 57 years old and employedas a factory worker returned to work regular duty. The employee reports that he has numbness in his left arm and trouble reaching with his left arm.
When you’re injured at work you are entitled to three basic worker’s compensation benefits.
A. Medical Benefits. An injured employee is entitled to receive all the necessary first aid, medical, surgical and hospital services reasonably required to cure his condition of ill being resulting from his work injury.
B. Temporary Total Disability Benefits (TTD). The injured worker is entitled to temporary total disability benefits. This means the injured worker is entitled to receive two-thirds of his or her average weekly wage during the time he or she is unable to return to work as a result of the work-related injury. The temporary total disability (TTD) benefits are payable after the first three days the injured worker is off due to a work-related injury. If the injured worker is off work for more than 14 days for that same injury, the Worker’s Compensation Act requires the worker’s compensation insurance carrier to pay the injured worker the first three days he or she was off.
C. Permanent Partial Disability Benefits (PPD). At the conclusion of the case the injured worker is entitled to a permanent partial disability (PPD) benefit. This PPD benefit is calculated as a percentage of disability for each body part that was injured in the work-related injury times 60% of the average weekly wage up to the current statutory maximum rate. The current maximum PPD rate is $636.15.
After the work injury, the injured worker must notify his or her employer of the work accident promptly. The law requires notification within 45 days of the injury. The notice must be given to a person who is part of the management team of the company as opposed to only a co-worker. The notice of the injury does not need to be in writing, but the injured worker must notify his or her employer as to the date, time and place of the work injury.
Workers compensation Settlements | admin | 
February 15, 2009 5:23 pm | 
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