Workers' Compensation Discussion Forums

Hello everyone, I hope this finds you well.

I have hurt my back 2 years ago and have had every shot imaginable, doctors do not suggest surgery. yesterday i had court and pay was cut yet again because of one of the JOKE IME's. 5 minutes and your fine my doctors have me out total and now the judge wants a permanancy hearing in august. in the last 2 weeks i have reinjured my back with a sneeze and am in more pain now than ever. i have to see all my doctors again within the month, lawyers request.
my question is what can i expect at my august hearing? is that a settlement? what happens when its settled? Lump sum, still weekly checks? how does all of this work?
i am in NY if that makes a difference.

Thanks for your time

You may still be a long way from settlement. There are some variables that should be covered. What is the actual diagnosis with your back? If the doctors don't recommend surgery, will there be ongoing medical costs associated with the injury? At some point you will be declared MMI (Maximum Medical Improvement), and if you are to get a settlement you will be assigned a disability rating. (disclaimer: I am not fully knowledgable on NY, so what I say here may not fully apply to you)

If you get a settlement and part of that is for future medical needs, expect that portion to be withheld from you and placed into a medicare set aside. This is now required by federal law if your age fits you into that category. The money set aside will only be available to pay medical costs associated with your specific injury. These are now required because Medicare got burned by people getting settlement and blowing the money, leaving Medicare to pay the medical bills.

7 yrs after injuring my back i went to an IME with thier DR & mine. i was found to be at MMI and i was given a total by my Dr and 50 % by thier Dr. A permanancy hearing was scheduled. At the hearing my lawyer stated that the IC was willing to give me 75 % at a marked level and i would also be considered industrially disabled which means i wouldnt have to look for work any more. Unless you are awarded industrially disabled you must continue to seek work within thier restrictions as long as they continue to collect bi weekly checks. I was also awarded life time medical as well as biweekly checks for life. By the time this hearing happened i was tired and didnt want to fight some big conglomerate for total and be harrassed for the rest of my life. I dont ever plan on settling with the IC for some measly lump sum award.Thats my story.