First a little background, on 6/7/10, I injured my L knee while at work; My supervisor instructed me to go to the ER but before I could get there he called and I was immediately terminated and refused workers comp information. After hiring an attorney, I received WC benefits, but with constant delays, it took until 7/2/10 to see a MD or to receive any pain medication (the pain was constant and excruciating, I was unable to bear ANY weight on that leg at all). After a series of CT Scans and MRIs I had surgery on 11/30/10. I was released from WC in 04/11 with an MMI of 4%. Due to the injury I am unable to go back to the line of work I was in and am faced with having to 'start over' in a new field.
I am now in the process of filing a Wrongful Termination case against my employer. I have received a right to sue letter from the EEOC and have agreed to mediation on 06/01/11.
How much is a fair settlement to ask for? When asked by the EEOC I suggested a years salary but they said to then knock off the money I had already received from WC from that amount. But 30% seems unfair for the pain, suffering, challenges and struggles I've faced and still have to face. I've had no health insurance for a year and won't till I get a new job and I have to get retrained and start over in a new line of work. Plus, I'm now faced with the daunting challenge of living on unemployment benefits of less than $290 a week. Somehow 30% of a year's salary hardly seems fair. Is it? I have no idea what a case like this entails, what is a fair amout to ask for and expect?