settlement ? re. permanent lifestyle changes

[lfoster21]

I am not at the point of settlement yet, but it won't be long and I want to be prepared. At this point, I am about to have a stimulator inplanted in my back and if that does not work for the pain, I will have a moraphine pump inplanted. Also, for my bladder issue, I am having to self-cath. throughout the day and will have to do this for the long term. Finally, I have uncontrollable gas, which is simply humniliating. I have no warning and I can not do anything about it.

My question is this, these procedures will hopefully get me to the point that I don't have the chronic pain everyday and I won't have the bladder issues (having to go every hr. or wetting myself), so I will hopfully be able to go back to work. When it come time to settle, will they take into consideration that I will have to live my life using a cath. (which can have its own downside of causing infections etc.) and I have a stimulator inplanted in me? Not to mention, that even if I can find work, no one is going to want to work with me if I am always passing gas. (Sorry to even have to mention it here, but I need to know.) Or will they say that with these treatments, I am doing a lot better, so I should not get as much in the settlement because I am able to go back to work. Does that question make sense? BTW, I live in VA, if that helps.

Thanks.

[sparkey]

What is your injury and how did it happen? Just curious as i tried to look it up on your old posts and could not find it.

[Tuffy]

I would think that with your injuries and if placed on restrictions from your Drs, That any settlement would be based on your rating. and IF the Drs will even let you return to work? As for your other problem I would mention it to your Dr as there may be something they can prescribe to help you with that. Take care.

[Bad Boy Bad Boy]

Wage Replacement (Temporary total or partial)
While temporarily unable to perform any work, an employee is entitled to 2/3 of his or her gross average weekly wage up to a set maximum weekly limit. There must be seven (7) days of disability before benefits are payable. However, if disabled for more than three weeks, the employee receives payment for the first seven days. Benefits cannot exceed 500 weeks unless the person is totally and permanently disabled.

If the injured employee cannot return to regular work and is given a light duty job at a lower wage, benefits are 2/3 of the difference between the pre-injury wage and the current pay up to the maximum weekly limit. Cost of living supplements are not paid on temporary partial benefits.

Lifetime Medical Benefits
Medical expenses for conditions caused by the accident or occupational disease are payable for as long as necessary, provided a claim was filed by the employee within the required time period.

The employee must select a doctor from a panel of three physicians provided by the employer/carrier. If a panel is not offered after notice of the accident, the employee may seek treatment from any physician. The treating physician may refer the employee to other doctors. Once treatment begins, the physician cannot be changed without approval of the employer/carrier or after a hearing by the Commission. The employee must cooperate with medical treatment or the weekly benefits may be suspended.

Medical bills should be sent to the insurance carrier for payment.

Permanent Partial Impairment
Separate benefits are payable for the permanent loss of use of a body part such as an arm, leg, finger, or eye. Vision and hearing loss, as well as disfigurement may also be compensated. This does not include the back, neck or body as a whole. Benefits are for a specific number of weeks depending on the percentage of loss. The employee can receive these benefits while working if maximum medical improvement has been reached.

Permanent and Total Disability
Lifetime wage benefits may be payable if an individual loses both hands, arms, feet, legs, eyes, or any two in the same accident, or is paralyzed or disabled from a severe brain injury.

[Still in Limbo]

I agree with Tuffy on this one. You should ahve ALL of Your Issues included in Your Rating, and You may not even be Released By Your Dr. at this Time to Return to Work. My Dr. due to My Back Injury has Stated In a Depo. that I am Disabled and not able to Return to Work, and the Same May Happen with You. It's all going to Depend on the Rating given to You by Your Dr., but You should be Commended for trying to Return to Work with so Many Issues! Best of Luck, and Please keep us Informed on Your Situation!!

[Bad Boy Bad Boy]

If things become such an issue, fighting for what you think is right, then please by all means, simply call a work comp Attorney. You don't have to pay them for the call, and maybe they can lead you in the direction you need to follow.

[1171]

does virginia use the AMA guides to calculate a spinal impairment rating?
If so, I don't recall those items being included.
You should discuss the spinal rating factors with your physican. they may even have a copy of the rating manual and you can review such areas as the Range of Motion tables and rating procedures.
There also maybe a copy of the AMA guides in your local library or your atty may have a copy. you, of course, can purchase it for around $200 directly from the AMA.
AMA ratings attempt to be very objective and try to reduce subjectivity so there is little variance from physcian to physcian.

[sparkey]

Can anyone tell me what a rating would be for permanent upper extremity of the dominant hand/wrist would be in NH? I know you have to go for a rating with the doctor, but i cannot find anywhere where i can roughly see what percentage range it could be in.

How do you calculate, as someone on here once said you multiply the weeks times such and such. I know NH has 250 weeks it says for the hand impairment. Do you multiply what i was recieving weekly while out of work , times the 250 weeks? Sorry, but i am very confused. What if he says i have a 2% rating and i got 334 dollars a week while out of work? How would i figure that? Plus i thought i read somewhere that being a dominant hand is automatically 20%. Is that true? If someone on here settled with their dominant hand, maybe you can help me. Thanks.