Michigan is a wage loss state, meaning that a claimant does not receive wage loss benefits until he is able to demonstrate that a work injury has caused him to lose wages. Can an accountant who sustains a broken arm at work receive wage loss benefits? Not until she demonstrates that the broken arm has caused her to lose time from work. She may receive medical benefits, however.
Over 90% of the claims that are brought, are settled by way of a "redemption agreement." So how is the settlement calculated? A claimant's weekly benefit rate is multiplied by 52 (the number of weeks in a year) to get a annualized rate. For example, a worker with a rate of $430.00 per week, will have an annual rate of $22,360.00.
Settlements are reached based upon the perceived value of the claim. A worker with a "good" claim can demand up to five years of annual benefits. Weaker claims can demand between two and four years. Nominal claims are settled for as little as $250.00.
What makes one case better than another depends upon a myriad of factors including: testimony of treating physician, testimony of examining physician, causation, severity of disability, etc.
Below are the average redemption (settlement) amounts for the following years:
2003 $42,512.72
2002 $40,285.05
2001 $38,309.12
2000 $37,867.86
How can we define a "good" claim.?
Posted by: injury settlement | Friday, September 17, 2010 at 01:36 AM
I don't understand how do u get a settlement from comp....I have a case right now. I was inured on my job twice since 2008....carpol tunnel both hands and cervical disk fusion c3 thru c6 from being hit in the head from a dumpster lid...I have been off work since Jan. I had to use my sick time from Jan untill May. I got paid wages out of my sick bank used it all by May 14th.. I never returned to work, I retired and was approved for Social security disabilty they approved me saying degenerate disk disease /arthritis is a progressing condition....I told my attorney I went ahead an retired the end of June. I couldn't retire under the disability pension because I couldnt wait to get approved for it cause I needed the health care as soon as I could get it. The cobra would of been 1300.00 a month..and I couldnt afford that. I told my attorney I retired on my own but he says I still have a case...I don't understand it....What would I be entitled to...I see different sites that wc has paid people settlements for carpal tunnel and different things.......but yet I go to sites that say u r only entitled to your lost wage....can any one help me understand all this...
Posted by: Jan | Saturday, November 06, 2010 at 01:45 AM
If you have suffered an injury as a result of a construction accident in Ireland please make sure to seek medical assistance at the earliest possible opportunity. If the construction accident is not completely your fault, you are entitled to make an injury claim.
Posted by: Construction Injury Claim | Monday, November 29, 2010 at 11:25 PM
personal injury claims they deal with are work injury related claims. However, whereas you may be forgiven for believing that many of these work injury claims are related to the construction industry, health and safety improvements over recent years have led to a decline in building-related work injury claims. Instead, there has been a rise in the number of accidents that occur in shops, offices and factories.
Posted by: Work Injury Claims | Tuesday, December 14, 2010 at 05:34 AM
Work injury compensation covers many different types of injuries that can happen in the work environment, and not all of them physical. Although many people might rightly consider that construction and agriculture are the two most hazardous industries to work in, the number of work injury compensation claims occurring in them is decreasing due to the improved application of health and safety regulations.
Posted by: work injury compensation | Tuesday, January 04, 2011 at 10:57 PM
Many of the more prominent people in society already have a battery of lawyers at their behest that spring into action whenever any legal problem arises.
Posted by: tucson defense lawyer | Wednesday, January 19, 2011 at 02:03 AM
Leg injuries are major debilitating injuries. They prevent you from being mobile, can be painful and take a substantial amount of time to heal because they have to be strong to perform their weight bearing duties. A leg injury compensation claim can fall in to one of two different categories:- Physical Trauma, Acquired Trauma, Medical Trauma
Posted by: Leg Injury | Tuesday, February 22, 2011 at 03:14 AM
Hello
I was injured on a site lifting a large wall, It tore a muscle forming a bone spur that rubbed cuff in both arms when I moved them. accident was 2/2009 had surgery on 10/2009 on left arm and 4/2010 on right, both surguries were subchromial decompressions, and had a emg that now shows long therasic nerve damage to right arm. they sent me to specialist to see if they could make me a orthodic to help teach nerve to work. then sent me to a IME (independant medical evaluation) that Dr. told me he had never seen a therasic nerve that bad before but ok'd me for work even thou my FCE (function capasity evaluation)said I can not. so to make a long story short workers comp insurance company canceled me and my Dr. will not allow me to work except under my restrictions, so I hired a lawyer and got my first hearing date in 4/2011 .
If you can help me what should I expect from settlement and or time to have this settled. I was paid the entire time (from 2/2009 to 12/2010). Im sort of just look for idea's it has been a long 2 yrs.
thank you
Posted by: torn rotator cuffs | Monday, March 07, 2011 at 06:46 PM
do you have to pay back money to ssdi from your workers comp. settlement amount
Posted by: davis | Thursday, April 14, 2011 at 04:10 PM
Hey,
Thanks! Great post you have written on "How are comp settlements calculated?". Really I can say that your post is very informative, I'll come across your blog again when you will update it with new.
Thanks,
James
http://www.jrlaw.org/
Posted by: James | Thursday, June 23, 2011 at 10:16 AM