Settlement and future comp

[pas2355]

I live in New York. If I take a settlement for loss
Of use and then go back to work. What happens if I have to be out again due to another surgery
For the same injury. Can I collect a weekly comp check ?

[Bad Boy Bad Boy]

I'm confused, as your refusing what has been told you by your treating doctor. As they told a Ankle Fusion is needed. I see you question that as a fix. But, I do think, before you make a decision, you learn about what you have first. What works, what doesn't.

Core decompression are experimental, and they don't work well for the Ankle.

Avascular necrosis (AVN), also known as osteonecrosis, aseptic necrosis and ischemic bone necrosis, is a relatively common disease characterized by death of cellular elements of bone or marrow.

If you drink any alcohol, or use of corticosteroid, puts you at even a higher risk to fractures, even after a Core Decompression, but more of a risk after a Core Decompression. Most Insurance companies will not approve a Core Decompression, but will approve a fusion, as the fusion has better results for the person in the up coming future of their life.

Do you know what Stage your's is at? Stage 1, Stage 2, Stage 3, or Stage 4. It maters as to the medical fix, or repair also.

Also remember, without the Fusion an Infection can most likely take place more often. In many cases if that happens, you could loose the Ankle for life. ( Meaning the doctor's simply cut it off. )

[pas2355]

Bad Boy Bad Boy Wrote:I'm confused, as your refusing what has been told you by your treating doctor. As they told a Ankle Fusion is needed. I see you question that as a fix. But, I do think, before you make a decision, you learn about what you have first. What works, what doesn't.

Core decompression are experimental, and they don't work well for the Ankle.

Avascular necrosis (AVN), also known as osteonecrosis, aseptic necrosis and ischemic bone necrosis, is a relatively common disease characterized by death of cellular elements of bone or marrow.

If you drink any alcohol, or use of corticosteroid, puts you at even a higher risk to fractures, even after a Core Decompression, but more of a risk after a Core Decompression. Most Insurance companies will not approve a Core Decompression, but will approve a fusion, as the fusion has better results for the
person in the up coming future of their life.

Ok. Here's the whole story. Sorry about the confusion. I fell in 2008 at work. X-rays showed no fracture. Pain kept getting worse. Finally had MRI in may 2010. Showed AVN. 4 choices. Do nothing, fusion, which I do not want, core decompression which may not be possible due to location of necrosis or ankle replacement. My atty sent me for an IME for a loss of use % I have not yetost any days from work. I use a cane and pain meds. If I accept a loss of use settlement and then down the road have a replacement I know comp will pay medical but will I get paid from them while out of work?

Do you know what Stage your's is at? Stage 1, Stage 2, Stage 3, or Stage 4. It maters as to the medical fix, or repair also.

Also remember, without the Fusion an Infection can most likely take place more often. In many cases if that happens, you could loose the Ankle for life. ( Meaning the doctor's simply cut it off. )

[Bad Boy Bad Boy]

The thing is, I wouldn't know, and you wouldn't know, till you have seen what is written in the settlement aggrement for the Loss of Use.

If the Insurance Attorney writes it that you accept the settlement on the terms that all liabilty will be on you once settled, the your answer to the question would be No the wont pay you.

It all matters as to how it is written and to what you will accept.

[pas2355]

I got my rating today. 50% loss of foot. I live in new York. How many weeks would you guesstimate that is

[Bad Boy Bad Boy]

Really it all depends on the type settlement. Best watch out for a Section 32 Aggrement. That type settlement best be read with a fine tooth comb. You need to watch out, as any settlement the Insurance wants to close out the medical.

No one really knows what any settlement is worth, as they are allowed to be discounted.

2/3 x average weekly wage x % of disability = weekly benefit

Therefore, a claimant who was earning $400 per week and is totally (100%) disabled would receive $266.67 per week. A partially disabled claimant (50%) would receive $133.34 per week. The weekly benefit cannot exceed the following maximums, however, which are based on the date of accident:

If you can return to work but your injury prevents you from earning the same wages you once did, you may be entitled to a benefit that will make up two-thirds of the difference.

[1171]

appendix II:
http://www.wcb.state.ny.us/content/main/...dguide.pdf

[pas2355]

1171 Wrote:appendix II:
http://www.wcb.state.ny.us/content/main/...dguide.pdf

The problem is I make 120,000.00 a year and the max weekly amount is
600.00

[1171]

yup. workers comp has always had maximums. they figure higher wage earners can get by easier and/or have income protection policies and other resources available.
workers comp is "no fault."
both the employer and the employee end up sharing the cost of the injury.

[Manley2]

Nobody gets rich off WC. Most suffer with the pain and not being able to pay the bills. And then some suffer the rest of their life with the pain and not being able to pay the bills. My monthly income will be less then what I use to make on a 2 week check so that means living life on about 40% of what I use to make. Hard to even be able to eat let alone eat healthy. The system is not for the injuried