Hello found this site via a google search. I am 5 months out from a tibial plateau fracture 13 screws and a plate everyone says I should get and attorney to be sure I get a fair wc settlement but how can I even tell whats fair I cant find anything on this type of injury
As long as you are receiving your medical and TTD there is no reason for an attorney.
Just because you have an injury does not qualify for a settlement.
07-21-2011, 12:27 PM
(This post was last modified: 07-21-2011, 12:28 PM by 1171.)
every patient recovers differently and has different medical needs so no two settlements are comparable.
most states that use impairment to measure additional disability use a single standard rating system.
most states also require settlements to be reviewed and approved by the comp court to make sure they are done correctly.
I am recovering well but my surgeon says I'll only have 5-10yrs with whats left of my knee minimal pain but I have a pronounced limp he says is permanent
That is the key word for a settlement, after MMI having permanent loss.
My total knee replacement was in 2008.
I have spoken with several attorneys from different state on the rating after a knee replacement and have been told the normal rating is 30% -55% for a scheduled rating.
My knee was rated at 75% due to problems after the replacement.
After my first knee surgery, (meniscus) the knee was rated at 10% loss witht he medical being closed. Problem was I could not put weight on the knee/leg due to buckling and required the use of a scooter or cane. I hired an attorney to reopen my medical filed in court and won with the medical being reopened.
It took 3 years in court due to denials and delays before I was awarded the knee replacement.
Ok are knees considered whole body the indiana workers comp website only shows above or below amputations. Thank god I dont have that problem. Is wc responsible for problems later or does the settlement release them.
Work comp is only responsible for medical after you settle if you settle with open medical.
When you settle you need to keep the medical part of the settlement open. Sometimes the insurance company will try and close out the medical at settlement time by offering the injured worker additional money, do not do this!
With what you describe of your knee you will have additional medical bills after settlement.
Whether you state determines the knee to be a whole body injury or not depends on the work comp laws of your state.
Thank you already helped alot
07-28-2011, 11:32 PM
(This post was last modified: 07-28-2011, 11:33 PM by chrischris.)
At some point you will be rated by a guide used by your State. Here is some info. If you scroll all the way down you will find a lot of info pertaining to Permanent or Partial Permanet Disability and Ratings, and the amount each percentage of rating is valued at.
Right now you should be concentrating on recovery. Take care of yourself first, educate yourself in Indiana laws and statutes, and by the time you are rated you will be in a better situation to understand how the system works.
IMO, it is better to go without legal intervention as long as you can. If you are receiving medical and benefits, then relax. Attorneys don't do much until settlement time anyway and most IW's get frustrated because they don't feel their attorney is doing anything.
You can always call the Indiana WC Ombudsman with your questions.
Let Go, and Let God......