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How do you determine the value of your Workers' Compensation claim? (Part 1)

The Value of Your Tennessee Workers Compensation claim is determined be a ridged formula made up of four separate factors. However, each one of these factors can become an issue in your workers compensation claim. Most cases that do not settle and go to trial, do so because of these four fators cannot be agreed upon by the parties.



The Value of a Tennessee Workers Compensation claim is determined by:


1. The part of your body that is injured;

2. Your compensation rate;

3. The medical impairment rating; and

4. The extent of your vocational disability or the extent of your loss of use of a Scheduled Number.



In a nutshell, the bottom line in a workers' compensation case is - the extent the injury affects your ability to earn a living.


The Formula:



Weeks Provided x Comp Rate x Medical Impairment x Vocational Multiplier = $______________
For injury Factor



To calculate the amount of your permanent disability award you simply multiply all four numbers together.



Example:


Worker Joe, herniates one of his lumbar discs while lifting boxes at work. His compensation rate is $400.00 per week. His reating doctor performed surgery and after physical therapy he was released with a 10% Medical Impairment. Worker Joe, as a vocational multiplier of four (4).



400 x 400 x 10% x 4 = $ 64,000.00



That example is as simple as it gets. Now let’s change the facts a little:



Worker Joe, has a pre-existing Lumbar back condition. He re-injures his lumbar spine. The doctor provided by Joe’s employer’s workers compensation insurance company says the injury is all pre-existing and Joe has a 0% Medical Impairment due to this injury.



400 x $ 400 x 0% x 4 = $0.00



As you can see one small change of a Dr.’s opinion can result in a dramatic change in the amount Joe would recieve, so lets examine each factor individually:



Part of the Body:



Injured Scheduled Injuries

Thumb 60 weeks

First or index finger 35 weeks

Second or middle finger 30 weeks

Third or ring finger 20 weeks

Fourth or little finger 15 weeks

Great toe 30 weeks

Any other toe 10 weeks

Hand 150 weeks

Arm 200 weeks

Foot 125 weeks

Leg 200 weeks

Eye 100 weeks

Hearing (one ear) 75 weeks

Hearing (both ears) 150 weeks

*Body as a whole 400 weeks



*The 400 weeks for body as a whole is used for a maximum for Permanent Partial Disability (PPD) but does not apply to Permanent Total Disability (PTD).



Continued in How do you determine the value of your Workers' Compensation claim? (Part 2)




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


Contact Us Online @ Tennessee Workers Compensation Attorney

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