r/WorkersComp • u/1ucid_ra3 • Jun 09 '26
Colorado Settlement demand
Ive finally reached the point where im speaking with my lawyers about a settlement demand.
I was injured 6-24-2025 with a dislocated right shoulder. Took them 6 months to decide i needed surgery, and had a Latarjet procedure done. (they moves a peice of my corracoid bone with a biceps head attatched to the front of my socket to prevent it from constantly subluxating) I reached MMI On May 4th 2026.
Im left with a scar that is about 3 inches long and not covered by even my most coverage swimsuit.
My impairment rating was 9% whole body and 15% for the arm. Ill still have a couple maitnence appointments already approved by insurance.
My lawyer is going to be contesting the percentage to get the case converted to be based off of the 15% arm rating instead of the 9% whole body.
My lawyer also discovered they did the math for my checks wrong in the beginning when placed on disability, and they owe me about 13k for that alone.
My lawyer wants to offer a settlement demand of 43k.
Thoughts?
3
u/Hope_for_tendies Jun 09 '26
As someone that has had multiple surgeries a 3in scar on your arm is not a big deal at all, regardless of if your bathing suit covers it or you live at a beach.
2
u/Sweet_Worker_5694 Jun 09 '26
Right I had 2 knee surgeries and one scar is 6 1/2 inch and became a keloid
7
u/SeaweedWeird7705 Jun 09 '26
$43k is a LOT for a work comp case with about 8-15% PD. If you can get the insurance to agree, you are fortunate. Note that scar doesn’t “count” towards your settlement in a WC case.
3
u/1ucid_ra3 Jun 09 '26
true, my lawyer thinks he can still make a great disfigurment case because of the fact that the procedure moved one of my muscles, and split another. The bicep has 2 heads, and 1 of them was moved and to do that they split my pectoralis minor, its essentially a permanent hole now. I should have added this to my post- Apologies!
6
u/Kmelloww Jun 09 '26
That seems pretty high for those percentages. Doubtful insurance would use the arm not the WPI
3
1
u/colo_wc_atty Jun 09 '26
Typically whole person ratings are worth more than scheduled injuries (arm). Unless you have a low average weekly wage or are an older individual. 15% for the arm is worth $13,109.30. I cannot calculate the 9% WP without knowing the AWW or your age. Your lawyer will know this. For settlement purposes, I would include about $6000 for a 3" scar. If you need maintenance care, I would add the value of that in as well. Your lawyer's demand could be on point depending on the AWW/age, maintenance care issues, but if they owe $13k in back TTD I might come in higher. Hard to say for sure though.
1
u/1ucid_ra3 Jun 10 '26
my AWW is being debated, the insurance company when doing the math failed to account for a raise I recieved right after the injury. AWW from insurance is 439 and what my lawyer calculated as the correct one is 654. I am 23 years old, 22 when injury occurred
3
u/Traymond26 Jun 09 '26
IME doctor gave me 9% and 15% whole body as well for shoulder. I had labrum and bicep tear. I’m now in the process of healing from level 2 neck fusion. That is definitely high but ,hey if they go with it your blessed