JW, a 53-year-old, thirty-year veteran ceramic tile-setter, fell over a stack of tiles while working and suffered a traumatic right knee injury. He underwent arthroscopic surgery, which unfortunately did not resolve his problem. JW then underwent total knee replacement surgery. This was followed by months of physical and occupational therapy in the hope of restoring JW’s functional capacity to perform his job. Work as a tile setter requires optimal range of motion to bend, squat and kneel.
While the total knee replacement improved JW’s pain, it unfortunately did not restore his range of motion sufficiently to return to his former job. After a Functional Capacity Evaluation showed limitations working as a tile setter, JW’s surgeon’s opined that he should find a different line of employment. Easier said than done for a 53 year old who has worked his entire adult life in a labor type job.
JW was referred by another lawyer to Lipkin & Apter because of our experience handling difficult Workers Compensation cases.
When an injured worker is allowed to return to work with restrictions in a different, and less demanding position than the one in which he was injured, and which pays less than his old job, there exists an alternative to the usual manner in which a workers compensation claim is resolved. This is called a wage differential resolution, expressed in Section 8 (d)(1) of the Workers Compensation Act. In this situation an injured worker is entitled to receive 2/3 of the difference between his old/new wage either until age 67 or 5 years from the date on which a trial award becomes final, whichever is LATER.
In JW’s case Lipkin & Apter negotiated a Wage-Differential settlement in the amount of $300,000.00 based on his old pay rate of $45.00/hour and the minimal pay average he would receive at a new job.
The attorneys at Lipkin & Apter possess nearly sixty-five (65) collective years of Workers' Compensation experience that we bring in passionate representation our clients.
If you, a family member, or friend have been injured on the job, please call us to discuss your case at (312)- 624-9342