Hurt in Georgia:
Ok heres a little background, last Nov 2009 I was run over by a concrete truck almost severing my right leg from the knee down. Luckly the doc saved it with a rod inside my bone from the knee to ankle. Just a few weeks ago I was made MMI from my doc after my FCE. On my FCE the OT wrote in my report that I would never be able to return to carpenter work but I was returned to work on light duty, this does'nt make sense to me. Also the company I worked for was a temp company and are no longer have any projects on the east coast so what are the employers options, do they have to find me a job somwhere or can they say we dont want to fool with him. I do have a rating of 12% whole body and 31% right leg. What are my options here or what do I expect? Thanks for any advice.
restrictions are given by a physician not an OT. An FCE is evidence that supports the doctors opinion.
if you don't understand the restrictions discuss it with the doctor.
the employer doesn't have to create a job or save a job for you.
you are entitled to additional benefits-permanent partial disability.
more information here
http://www.files.georgia.gov/SBWC/Files/...ndbook.pdf
1171 Wrote:restrictions are given by a physician not an OT. An FCE is evidence that supports the doctors opinion.
if you don't understand the restrictions discuss it with the doctor.
the employer doesn't have to create a job or save a job for you.
you are entitled to additional benefits-permanent partial disability.
more information here
http://www.files.georgia.gov/SBWC/Files/...ndbook.pdf
Thanks this was alot of help, I just wanna move on with my life and hope they just settle it out. I have a personal injury claim against the third party that injuried my leg and thats where the bulk of the money is gonna come from. But a settlement from WC would def help for the time being.
be aware that workers comp has subrogation rights against any third party recovery.
that means they get paid back for their costs out of any settlement.
1171 Wrote:be aware that workers comp has subrogation rights against any third party recovery.
that means they get paid back for their costs out of any settlement.
But he would be able to get additional funds for pain and suffering, that wc dont pay for............?
Not necessarily in his pocket. yes, WC does not pay for pain and suffering. However, he is dealing with WC and a third party claim. Third party claims generally have a limit.
and WC is intitled to recover 100% of what they put out before he puts a dime in his pocket unless his lawyer works out a better deal.....and if they have to take med bills out of pain and suffering money they will
jayne Wrote:and WC is intitled to recover 100% of what they put out before he puts a dime in his pocket unless his lawyer works out a better deal.....and if they have to take med bills out of pain and suffering money they will
Thats true but if I only get around 100k from workers comp and my lawyers put in a demand for 1.5 million from personal injury but to expect 500k to 800k then im still to the good. In the personal injury case they dont have much to stand on since the truck driver failed a drug test plus the truck was defective and he broke 3 OSHA rules by parking the truck on a hill. But the thing that sucks is I go from a nice weekly wage to one I can barely get by on and thats the reason Id like a lump sum settlement from WC and then the personal injury claim can take their own sweet time to get every dime they can.
Dont count those chickens before they are hatched either.....Sithie was supposed to get 1 million assured...just had to settle wc....resturaunt was at fault...grease in floor no drain lid on the trap
her ankle got caught in the drain crushed her ankle then she got RSD in the ankle..all she got was the shaft after all was said and done.....all she got was the settlement from WC 3rd party was dismissed...she lost everything......
jayne Wrote:Dont count those chickens before they are hatched either.....Sithie was supposed to get 1 million assured...just had to settle wc....resturaunt was at fault...grease in floor no drain lid on the trap
her ankle got caught in the drain crushed her ankle then she got RSD in the ankle..all she got was the shaft after all was said and done.....all she got was the settlement from WC 3rd party was dismissed...she lost everything......
Oh no that sucks but in my case they are already wanting to settle out of court on the personal injury. Plus I have one of the best atty in the state, and huge law firm. But I know things can always change but there were so many witnesses that they are not trying to fight it much they are just trying to walk away without losing too much.