What's a fair amount to ask for in a settlement for a work-related injury?

[LisaM]

A number of months ago I had an injury in an elevator at work (it was not flush to the floor and I tripped going in and hit my head on the railing.) I went to the emergency room and was diagnosed with a concussion. I did not return to work that day, and probably would not have worked the next day, which I already had scheduled off.

I did not request a lawyer, so one was appointed for me. Now, I have received a letter asking me to suggest a settlement amount. I have no idea what to request! I can easily figure out the missed pay from the day it happened, and I think it's probably fair to add in one more day's pay since I wouldn't have been able to work the next day. Additionally, I have had to spend a little time at work dealing with this, because the ER doctor wrote down the wrong thing on the form (she called it a "headache"), which I was able to fix. I spent a little more time reviewing the various write ups from witnesses, and talking to two women at work who have had similar accidents (prior to mine) on the same elevator.

I don't want to come up with an amount that is too high, but I think that the building management/elevator company need to deal with their unsafe elevators. Moreover, it took me months to be able to ride an elevator comfortably, and I had headaches for a couple of months. Taking the stairs at work is NOT an option. I am 39 floors up.

Any suggestions?

[benburch]

1. I'd say whatever your whole pay was for the couple of headache months. nt

[ret5hd]

2. hmmm...your employer docked your pay for the day you injured,,,

yourself at work? i thought they couldn't do that, but maybe i'm wrong.

[LisaM]

5. No, but I lost billable time

I work in a law firm. So it affected me in the long run.

[burythehatchet]

3. One fair valuation technique

if you're not one of those who is looking to win the lottery, which it doesn't sound like you are, take all of your expenses, everything, including mileage, lost wages, doc bills (even if someone else paid them), and double that amount. If you suffered quite a lot of pain and anxiety, treble it.

[Bunny]

4. I would say that you should consult a lawyer before you suggest anything.

You could benefit from some expert advice. You have no way of knowing now whether these headaches could persist or worsen as time goes on. You may need further treatment for this in the future. Don't sell yourself short - talk to a lawyer.

Edit: Just read your post above where you said you work for a law firm. You shouldn't have any trouble getting some advice there, unless your firm could be considered a co-defendant in any settlement.

[unblock]

6. GET. A. LAWYER.

they have set up a trap for you, they are hoping you are a sucker. ANYTHING you suggest will later become a ceiling, no matter what your injuries turn out to be. or, you might suggest something that you don't realize is ridiculously low and they will pounce on it.

GET A LAWYER.

only a lawyer can accurately gauge not only how much your case is worth, but HOW TO ACTUALLY GET IT. remember it's not only the economic loss (time off, medical bills, etc.) but also pain and suffering.

good luck and heal well!

[burythehatchet]

9. while it could be good advice

in all my years of dealing with this issue, the attorneys (def and pros) get 50% of the cost of claim. In the end, the victim usually gets a fair amount, with the lawyers infating the cost to the system. But believe me I realize that its a complicated issue.

[fob]

7. High enough to eliminate poor elevator maintenance as a "cost of

doing business" but not too high that they appeal and stall. Maybe ask for an amount AND more frequent elevator servicing. The life you save may be your own.

You work in a LAW FIRM? Unless the building is owned by them, do what Unblock says and get a lawyer to answer them back.

[amazona]

8. you need your OWN lawyer

Not an appointed lawyer.

It is impossible for us to know what the going rate is for an injury in your court system. You need to speak with a litigator who tries cases in your county.

You may have lifelong effects from concussion which you have not even considered, since a concussion makes it more likely you will have bad results from future accidents/concussions. It would be better to ask for too much and have them bargain you down, than for you to low-ball yourself.

They are going to game you since, in effect, you do not have an attorney who is actually on your side. I wouldn't accept any settlement until I interviewed one (probably more) litigators who handle these kinds of cases.

You are unlikely to get anything more than your lost pay and payment of your current expenses if you handle the case yourself with the help (sounds like lack of help) of the appointed attorney. There could be hundreds of thousands of dollars of future expenses that won't be covered once you sign a settlement.

Please. Get an attorney who litigates cases. Not someone who gets a fee for being appointed to hurry through paperwork.

[Buns_of_Fire]

10. It depends. How much is the company worth?

There's your answer. (What, ME mercenary? O8) )

[LisaM]

11. Thanks - a lot of good advice

I can't afford my own lawyer, but my company is very well known and I don't think the state is going to mess around. They asked ME to suggest an amount. If a lawyer becomes necessary down the line, I can probably get someone to assist (in fact, I think that based on what you have all said, I will ask the HR person who was involved in and, in fact, witnessed the accident, to help.)

[radwriter0555]

12. Please let your LAWYER do ALL THE TALKING FOR YOU. Under NO

circumstances should you address ANYTHING from the insurance company or from the corporation.

Please forward all correspondence to your LAWYER and let him handle it. He will get you the best possible settlement; that's his job.

[LisaM]

13. Thanks - I just sent an email to the HR person

don't forget, this is a law firm - they will tell me what I should do. I have not responded to the state yet - I asked the people here what to do.