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How do you determine the value of your Workers' Compensation claim? (Part 3)

Vocational Multiplier


The vocational multiplier is a number from one to six (1 – 6) that in some way tries to represent how the particular work injury suffered, affect the particular person injured. As stated above, the bottom line in a workers compensation case is:


The extent the injury affects the workers ability to earn a living.



The way this vocational impairment multiplier is used is best explained in an example:

Let’s assume we have two workers in which both have the same injury - a complete amputation of the index finger and middle fingers. Their compensation rates and same medical impairment ratings are exactly the same. The two cases are exactly the same with one big exception. Worker Keith is an attorney and Worker Liberace is a professional piano player. Since Worker Keith can probably earn as much money with eight (8) fingers as having ten (10) fingers he should receive a low vocational impairment multiplier. We will use two (2) in the example. On the other hand, Worker Liberace the piano player’s income would be dramatically affected by the loss of his two fingers. We will use a multiplier of six (6) for his example.



Examples:



Attorney Keith: 65 X $700 X 100% X 2 = $91,000.00

Piano Player Liberace 65 X $700 X 100% X 6 = $273,000.00



“Meaningful Return to Work” and the “Caps” Placed on the Vocational Impairment Multiplier



If your employer returns you to a “meaningful employment” after you are placed at MMI by your treating physician, the vocational disability multiplier is “caped” at 1.5. Our fine legislators of this great state felt that this would be an incentive for employers to return injured workers to employment following an injury. If you are returned to work by your employer, not all is lost. See “reconsideration below.



“Reconsideration” of a “Caped” Award



If you lose your job after making a “meaningful return to work” and subsequently loose your job through no fault of your own, you may file a claim for “reconsideration of your prior claim. This means you may receive an award based on a multiplier of up to six (6). Of course your employer’s workers comp insurance would receive a credit for what they paid on the “caped” claim.



Example:



Caped Award:
400 X $550 X 10% X 1.5 = $33,000.00



Reconsideration Award:
400 X $550 X 10% X 5 = $110,000.00



Net Reconsideration Award:
$110,000.00 (Total Reconsideration Award) - $33,000.00 (Credit for prior award paid) = $77,000.00 (Net Reconsideration Award).




Please call or click to discuss your work related injury with a real attorney at The Williams Law Group.  We can help!


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