How much is my injury worth?

Question

So far, I'm told by an orthopedic specialist that I have a compression fracture in my lower spine. The cause was an auto accident. I was a trucker with Schneider National. I drove as a team with another driver. I was asleep in the bunk, as my partner was driving, when a pickup truck went left of center and hit us nearly head on. We were both traveling at 65 MPH. We managed to escape before our semi burned to the ground in a matter of minutes. Two of the four occupants in the pickup truck were killed. We lost all of our personal property in the semi, of which $3,000 worth was mine. The other party only carried a $20,000 auto insurance policy, both property and bodily injury. Schneider National is taking most of it with a $150,000 claim. I currently have a worker's comp. attorney, but I don't have any idea what sort of settlement will be reached at this point. My back pain has been consistent for the past 6 months and seems to be worsening.

I am also unable to return to driving or perform any physical labor. The accident happened in Kansas and I live in Ohio.

Also, the insurance company of the other party is only offering $500 for my property.

And... If the doctors at the occupational health facility that I was first sent to by Schneider had properly diagnosed my condition, it could have been repaired, according to my orthopedic specialist.

Answer 1

This is an all too common place injury. If you have to have surgery (discectomy, laminectomy, fusion, replacement) you're looking at more in the long run because recovery time is longer. No surgery and they'll end up blowing you off. It's unfortunate but that’s the way it works.

The facts from my experiences:
Worker's Compensation laws are designed to protect the company. Try to get your own doctor, do not, I repeat, do not trust the doctor the company gets for you; this is your future and believe me these quacks have keeping the company happy in mind, not helping you.

Even though you were involved in a traffic accident you were still "on the job" so it is a workman’s comp case. However, since the person that caused the accident was from the private sector you may be able to sue them personally. I would certainly contact another attorney; not the one handling your Comp case, and see if you can get what they have. They might have a house or an umbrella policy that you could take.

Don't expect a large payout, probable between 9 and 12 times what you are getting every month as your temp payments plus an estimated loss of earnings for the next 5 years. Unless you are totally crippled they will come up with a list of jobs you can do (providing someone will hire you) like office worker ($14.50 hr), dispatcher ($45,000 to $70,000 per year) just to screw you over; you see how it works.

Contact your local State Voc-Rehab ASAP if you know you will have to change jobs as they have programs in place to re-educate you.

Under Worker's Compensation Law you are not entitled to pain and suffering so this will cut out a huge payoff. I'm not sure why this is but like I said, the law protects the company for suit. Under personal injury you are entitled to pain and suffering, this is why I advocate suing the driver. Also, was the driver of your vehicle over hours, too tired to drive, on some type of stimulant; if any of these are the case then you can claim neglegence on the part of the company and it no longer is just a workers comp claim. Dirty pool but it's your life.

The best bet (of course I don't advocate anything illegal) is to stay on temporary disability until you can improve as much as possible physically because once you have improved to a stable condition the money ends. Anything paid to you after that will be subtracted from your settlement.
Your settlement will be based upon 5 main items:
How much money did you make in the previous 3 years?
How much of the partial man is impacted (your back)?
How much of the total man is impacted?
Your age.
Your potential loss of earnings.

Don't expect a large payout, probable between 9 and 12 times what you are getting every month as your temp payments plus an estimated loss of earnings for the next 5 years. Unless you are crippled then they will come up with a list of jobs you can do (providing someone will hire you).

Some tactics:
Drag your feet as much as you can while still cooperating. Remember, the doctors that are paid for by your company (not your health insurance but the company) as well as the "other doctors" are your enemy. They will try to trick you; everything will be recorded and taped. They will hire a PI to sit outside your house and see if you take out the garbage or throw Frisbee with your dog. Be very very very paranoid.

Don't be in a hurry to be "rated". Once your rated your temp payments stop and so does the "free" money. The longer this is drawn out the more eager they will be to settle and this means a bigger offer.

Don't fake you injury but don't try to be a tough guy, if you can't do something or if it hurts then DON'T DO IT. This is a trick the doctors use to nail you. In my first comp case I was sent to a guy that worked his whole life as an insurance doctor and who was now a veterinarian. He tripped me, pushed me, yelled at me, told me I was faking....you get the picture. This is all legal so watch how you behave. I know from experience that back pain comes and goes and if you try to act tough it won’t help your case. I’m telling you this because the companies and their lawyers and insurance are real stinkers. They will spend hundreds of thousands to keep from paying $10,000.

I was injured originally almost 30 years ago, same type of thing and have had 4 surgeries because of it; today I'm practically a full cripple and at 54 that is very hard to take. I got almost nothing off the original claim because I didn't know what to do and I trusted the attorneys. Attorneys that specialize in accident claims are there for a quick turnaround, nothing more. Run through 100 claims a year and settle for half rather than 20 and do right by your client. The Mexican roofing company of law!

Good Luck

Answer 2

1

Answer 3

Usually , there is a chart , similar to auto body parts ,
They have it broken down with a high & low % for each body part , and a % of your normal wage is paid for that damage.
Insurance usually goes for the low # , and your attorney goes for the high # .
The doctors will come up with a % rating for your injury and the opposing attorneys will fight it out over the amount listed in that range.
Personally property loss is a different claim from work comp / bodily injury .
I DNK about those states but California was less than $50K for permanently disable with spinal cord damage for income in the $65K range.
A much bigger hassle than the $$$$ claim will be getting all your medical , as insurance companies make it a practice to stall hoping you will just go away.
Make sure you have ground level housing , because stairs become a nightmare with spinal disc damage.

Answer 4

I tripped and fell at work and my lower leg ripped open . the laceration was large and unable to be stitched. its been almost 3 months. one half has healed on its own but the other half is still an open wound still seeping yellow & green pus. my wound care doctor thinks in about 4-6 wks it will heal as well. meanwhile the scar is large and now I do not want to wear a dress or shorts because of the size. what is my case worth and can I receive extra for the scaring?

Answer 5

You live in Ohio > Sorry to tell you so do I .I have a somewhat similar injury and Igot 6000.00 after I paid the dr and the attorney I got less than 3500.00 and I had a decent attorney

Answer 6

Shoulder and Bi-cept

Answer 7

Really not sure about this one

Answer 8

lumbar strain

Answer 9

It depends..