Permanent Partial Disability

What is a Fair Settlement Value for My Permanent Partial Disability Claim?

Most claims for partial permanent disability benefits settle somewhere between the estimates provided by the competing medical experts. The dollar value of the claim will depend on several factors, including:

• Your average weekly wage at the time of the accident.
• The amount of lost time from work.
• The results of objective medical testing.
• The nature and amount of treatment provided, and whether that treatment was authorized through workers’ compensation.
• Any permanent work restrictions as a result of the accident, which prevent you from continuing in the same line of work, or require your employer to provide you with ongoing accommodations to do your job.
• Your level of impairment at both work and home.
• Any recreational activities you are unable to enjoy as a result of your injuries.
• A comparison between your pre-accident disability level and current disability level if you had a pre-existing injury.
• The nature and extent of medical treatment you underwent. Generally, if you had surgery the value of the permanency claim increases.

If the medical testing failed to reveal objective evidence of an injury and you only received minimal medical treatment, you will most likely receive a token settlement offer, since the insurance carrier knows that your case could be dismissed at a Trial. The settlement award should reflect the degree to which your injury has limited your ability to work and engage in your usual activities. Please see the “Permanent Disability” chapter for information on how the dollar amount of the award is calculated.

You must remember that when there is a dispute over a claim, and either side may prevail at Trial, a fair settlement represents a compromise between the highest amount you could be awarded, and possibility of an outright dismissal of the claim.