Legal Question in Workers Comp in California
I just received the PQME final report stating that I am a DRE catagory 4 with %28 WPI. How much will the disability rating increase? He stated in the report that I am very limited in the work I can do and I should do only sedentary work. He also stated that this injury is "entirely industeral" despite the fact that I have had a previous neck surgery The disability rating will not even come close in settlement payment to my future lost earnings!
3 Answers from Attorneys
You misunderstand the purpose of Workers' Comp. There is no attempt to pay you what your lost earnings are. You are paid a sum to help you out, but you get this even though there was no fault in your ilnjury occurring. The employer has to pay you some benefits no matter what, but in return the employer does not have to pay the full amount.
Lost earnings is usually a form of damages in a civil claim. Workers' compensation only pays you temporary disability to compensate you for your lost earnings.
With regards to your final rating of 28%, you might be entitled to additional money, beyond your permanent disability. I would be glad to give you a free consultation in order to review your final report and to discuss your options. Please feel free to contact me at 877.505.INJURY.
Your disability rating should be adjusted based on your age, occupation and body part involved. Feel free to call us to at 213.388.7070 to discuss the QME report and we will give you an idea of how much your case should be settled for.
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