End of WC - Attorney or no Attorney?

[AZGoodwife]

Hi All, I am from AZ and my Husband was injured at work June 2009 and has not worked since. He had his third back surgery last Dec., very radical fusing multiple discs with plates, etc. His Surgeon released him. He has permanant lifting restrictions, he was a truck driver and required to lift 75 pounds. He has had an IME requested by the insurance company. We know that the insurance company said they would start working with the AZ Industrial Commission. We would like to know if we should think about hiring an attorney or start the process. I would think it would be a pretty straightforward settlement based on his restrictions, age 54, education GED. Has been a truck driver his entire career, 17 in the freight industry. Any guidance would be appreciated. AZ Goodwife.

[jayne]

hello and welcome to the forum...while I dont know AZ rules and regs I can help with the DOT rules and regs a bit...My husband was also a truck driver he drove for Pepsi was hurt couldnt lift over 15 lbs after his surgeries permanant restrictions..he was retired from pepsi lost his CDL and got his SSDI first try....no lawyer was ever needed but Pepsi was very good to him...I do not know the company your husband drives for...he really needs to find out is he gonna be able to work again can he be retrained? maybe as a short distance or local driver....is he on meds where he is not able to drive or is not retrainable? has he put in for SSDI yet? is he union is e getting any help legal or other wise from them? Teamsters here was laughable....nothing like when Daddy was a teamster....are there other jobs there he can do within the company? are they willing to retrain? is your head spinning lol this is a life changing event it isnt one you take lightly if you feel the company is treatly you fairly then go with your gut if not make an appt and talk to a WC lawyer the first visit is free....dont sign till your sure this person is someone you can work with.....

[AZGoodwife]

Hi Jayne, thanks for the welcome. You are right, my head is spinning. You bring up a lot of good questions. My Husband like yours can not lift over 15lbs (perm. restriction). Was a local driver, in and out of the truck and must lift 75lbs as part of the job requirement. He is a Teamster. We have not really asked them for any help, but will now inquire. The company will not retrain for other jobs within the company. So far the company has been treating us fairly, just hope they continue. When you went to settle with the WC, did they provide a settlement offer, or do you always have to go through a hearing? We did apply for SSDI recently. Any recommendations about SSDI filing? Thanks again for your help.

[jayne]

No help there except to take all your paperwork and all your Drs name and address and phone numbers to SS office let your Dr know what you are doing have you a disabilty rating yet?Know also Teamsters may have disabilty $$ for you also your company may ask your Husband to sign a comp and release as part of his settlement this is fairly normal....it means they will pay a settlement if he quits or in my husbands case retires early...is your husband vested can he retire early?Bill had been working for them over 10 years so he was"vested" according to union contract and retired as disabled.....ask your union steward or read your contract you should have a copy....is your company self insured for WC? if so talk to your HR and ask them whats next......make sure you get anything they offer in writting....and think it thru...what injury does your honey have? is he gonna need more medical? just meds or more surgery? will he need help with depression? many of us do once we find out we cant work anymore...lots of questions it would help us oldies pinpoint the questions you need to ask if we knew what the injuries were and what was done to fix em....I read 3 back surgeries so did 2 fail?will more be needed?so many questions...please give the surgeries and discs done....was he in a truck accident?

[AZGoodwife]

Thanks so much for your help. Here are some of the answers to your questions. Any advice or help is greatly appreciated.
1. His Surgeon is suppose to get his rating to him this week (hopefully).
2. He has xx years as a Teamster and 53 years old, he was only 5 years away from his Pier 80 retirement - but the company/Teamsters just took away Pier retirement. I will have him talk with the union rep.
3. The first time he injured his back 10 years ago - ruptured disc. L5, what set it off was lifting a dock plate. He had back surgery that did not relieve his pain. He continured working after the surgery.
4. Second surgery about 8 years ago was a disc replacement for L5, it lasted about 7 years with pain, but he could work. Then he injured his back on the dock again with the same darn dock plates. This time they had to carry him to a vechile, he could not even walk, sit or anything for weeks.
5. Last surgery was "back stablezation" he had his spine stretched and 5 screws put into his lower discs. Plus, 10 days after the surger he was rushed back to the hospital due to an infection in his back from the surgery. He was hospitalized for 7 days, then had to have an IV at home for 6 weeks. Horrible.
6. He is still in pain, has gone through months of PT, they have cut off most of his medications.
I have asked him to start calling and gathering all the doctor reports, etc., he did get an IME about a month or so ago, but we never got a report - I will have him get that immediately.
Again, thank you for your help. I am having him get reports and go talk to the union rep.

[jayne]

have him ask for a pain management doc if he cant deal with the pain they are there to help.....he does have to ask for them tho......sounds as if he is not gonna be in a truck again tho

[Bummer Knees]

Why was his meds cut off, and who cut them off?

That is crazy!

When the pain is very high it leads to high blood pressure and other medical problems, not good!

I would start looking for a work comp attorney, go to the top of this page, I believe there is a section for locating a work comp attorney.

Good Luck!

[kate]

You can scroll to the bottom for the new attorney locator feature.

[Bummer Knees]

Thanks Kate!

[AZGoodwife]

Thank you Jayne, Bummer Knees and Kate. Great information. He is going to follow up with the Union, his surgeon & caseworker for a pain management Dr.. As well as were are gathering all of his records. I am so glad I found this forum, I have been reading other threads and find it very informative. Thanks again for your advice and time.