I work for DTV. I fell and hurt my knee in Jan. I had surgery in May. knee is still no better. I went for my follow up visit and was told i had a 1 3/4 muscle deficiency in my leg now. I go for another MRI next week and maybe surgrey again. I i dont want to have surgrey again will that hurt my case? Can i just ask them to settle the case? They are paying my lost wages every 2 weeks. Well 60% of it anyway. I am in the state of Mississippi
without knowing what you want out of your case that's difficult to answer.
refusing surgery won't stop your case.
medical treatment plans and options are always advisory for the patient.
yes, if there are no other treatment options you can request that your disability be rated and paid.
Ok . thank you. I would like to see them pay the amount i would make in the next 2 years that way i can go back to school and learn a new trade. The way my knee is now its not the best idea for me 2 be climbing up ladders or in someone atic. Unless i want to take the chance of falling again and breaking something else. I knee just gives out on me all the time now. If i were to ask for that it would be around 50k. I would settle for 45k. Any chance i would even see anything close to that? Should i get a lawyer to do all this for me or is it possible for me to do it myself
not going to happen.
comp benefits are set by law.
workers comp is not civil or negligence liability insurance; it's no fault.
a basic safety net for workers with limited and minimum benefits paid and, for the most part, controlled by the employer.
most of the $$ is spent on medical and wage loss.
minimal amounts for permanent impairments; just enough to offset changing jobs.
benefits are paid and disputes can be taken before the work comp board without legal representation.
to find out basic info on Mississippi work comp:
http://www.mwcc.state.ms.us/
so what will happen? They will call me and offer me a little of nothing and i take it or take the chance of tieing it up in court. Is there a chart or something to go by to find out whats fair for a settlement? Would i be better off by staying under doc care? As of now im getting 1650 a month. Not enough to cover all my bills,but something is better than nothing.
Hi
If your knee is no better now....how much worse will it be in the future?
Do not settle UNTIL all help is exhausted. Someday, you may need a knee replacement...who's going to pay for that? If there was a wc injury to your knee......your regular insurance will refuse to pay for knee replacement surgery.
Lilly
Thanks for the input. I will know more after the next MRI. I have had one surgery one time already.Not sure if im ready to have another right now. Will they keep paying my lost wages if i want to put the surgery off for a bit?
probably depends on your meaning of "a bit".
once you reach MMI the temporary payments stop.
Well 60% is all they are going to pay of your lost wages while you are off. If they are wanting to do what they can to fix your knee let them, but just make sure it is what need to be done and just not what they want to have done. As the above post say it depneds on what you mean by a bit. They are not going to want to pay for you to sit at home if they don't have to. And its hard for anybody to say what you will get as a settlement. A good friend has had his knee replaced twice now and his settlement was $18,000. And he will never return to his old line of work. He was awarded that 5 years ago now and has yet to recieve payment. Trust me his lawyer is doing what he can. I'm not saying his settlement was a fair deal but just remember you will not get rich on WC. And you will almost never recover the lose of income when it is all said and done.