IME Doc agrees with my Doc now what?

[vaworkcomp]

I am in Virginia was injured in July 05. Was crushed by a large object that weighed 500 lbs it feel on me from about 8 feet high it hit my head (hard hat saved my life). I received a torn rotator cuff and have nerve damage on C4,5,6,7 had 3 cervical discs replaced i have to walk with a cane now.Have really bad headaches all the time.I am being treated for Post Concusion Syndrom,Post Tramatic Stress Disorder and Chronic Pain Syndrom.

Went to a IME Doc after my pain management Doc said i was not going back to work. At my old job and he would not release me to do any kind of work not even sitting. Because i cant even sit walk or stand up straight for more than a few minutes.The IME Doc says he agrees with my Doc and that i am not able to do any work.This was last month i got a copy of the IME report.

So what happens next? Do i just sit and wait for Wcomp to respond.

[vickinat]

I don't know the laws in Va. Here in Pa., as I understand it, if you can't return to work, you are considered totally disabled. You receive total disability pay from WC for a period of time, I think it's 500 weeks here, but not sure. You can apply for social security disability. You can retire on medical disability, you can settle with the WC ins. for a lump sum, etc... Do you have a lawyer? If so check with him. Make sure you keep all records of what the doctors and WC send you. You will need a doctor to sign a paper saying you are totally disabled to get the ssd.
This is only what I understand, don't take my word for it, check with your lawyer, and good luck.
Vickie

[vaworkcomp]

Yes i do have a lawyer.But he is on Vac at this time.

[Still in Limbo]

Va. if you are considered Totally Disabled by w/c, now I'm from Pa. so you may want to check your States Website for info. in your State, but here they have two options. #1- They can continue to pay you w/c TTD checks for the rest of your natural life, or #2 They can offer a settlement. You are very fortunate, not many w/c i/c's Totally Disable a Worker, and if this is the case, my opinion only they will probably want to settle. If you are receiving SSDI, make sure a set-aside for your Future Medical Care is included in your settlement, your Attorney can explain that better to you. I was injured in '04, I'm Totally Disabled by SSDI on my injury only, no other Health issues, Three Dr.'s agree I'm Totally Disabled, and I will be going to Hearing Number 10 soon, because w/c doesn't feel I'm disabled, and they continue to Fight me. My injuries are in my signature below, and as I said, you are very fortunate if they consider you Totally Disabled. Please don't think that I find it fortunate that you are Disabled, I wouldn't wish any injury on anyone, what I mean is that the w/c i/c agrees with the Dr.'s! Best of Luck!!

[1171]

The carrier doesn't have to do anything since there is no dispute or medical issues.

[Bad Boy Bad Boy]

http://www.vwc.state.va.us/employees_guide.htm#benefits

[vaworkcomp]

Thanks for the help guys.I guess i will wait for my lawyer to get back to see what the next step is.I was looking at the paper work i got when i had my injury and i see i have an award for lifetime medical already.

I was just wondering what happens after the docs decide i am 100% disabeled.Does it mean i dont have to deal with wcomp anymore?Or will i have more years of total hell like the past two years dealing with wcomp.

Badboy i have been thru that website a thousand times its all greek to me.I am just so upset being left in limbo all the time.I try not to be so stupid but this whole wcomp thing has really racked my nerves.I guess i have to except that wcomp can get away with treating the injured workers like crap.

[1171]

If you are permanently totally disabled you get more benefits then if you are not - they don't kick you out of the system.

[Still in Limbo]

Va., go back to my original Post and read it again. If they continue to Pay you TTD ( Total Temporary Disability Payments), and Your Medical is left open with w/c, they are going to be in your Life forever! If you apply and receive SSDI, and the i/c for w/c Settles with you in a Lump Sum and sets up a Medicare set-aside for Future Medical Bills, they are out of your Life forever! When your attorney receives the paperwork with the findings, and if the i/c deems you 100% Disabled, (Which I've rarely seen, but it happens) talk to your Attorney about these two Options. Me Personally, I won't Settle for Less than a Lump Sum and a Medicare Set-Aside, (I'm already on SSDI) if they decide to offer me a Settlement, but as 1171 said earlier and I know it to be True in my State, they never have to offer a Settlement,and I never Have to accept one. My worst Case Scenario is I continue to receive TTD Payments, and have to deal with them for Life. But they have not deemed me Disabled, and they probably Never will, even though 3 Dr.s, (Ortho., Neuro., and PM) have, and SSDI has with my injuries only, no other Medical Problems and approved at the age of 43! Best of Luck, and I hope this has cleared up a few things for you!!