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Does a settlement always apply?
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04-30-2012, 10:47 PM
Post: #1
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Does a settlement always apply?
Hi,
My husband, a diesel mechanic, fell on the ice at work the last week of January this year and landed on his knee. He fractured the end of his femur & tore both meniscus. He has been on partial WC benefits & 'lite duty' (filing/office work) for the past 3 mos. He just had knee surgery last week to remove the tears. He has been released on lite duty beginning Monday & will also be going to physical therapy for the next 4-6 weeks. So, my question is...does this type of injury warrent a settlement or does that only apply if he is permanently injured? He does alot of bending, climbing, leaning for his job & if they had to cut out the damaged area...will he ever be 100% again? If not, is he entitled to compensation for future treatment? I don't want to sound greedy & he is just happy to still have his job, but I worry for possible risk in the future that we may not be financially capable to pay for due to this injury. Thank you in advance for your help! |
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04-30-2012, 11:21 PM
Post: #2
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RE: Does a settlement always apply?
Not all claims end up with money at the end.
The laws are different in every state. If I were you I would call a WC lawyer in your area for a free consultation. I live in CA, it's not always sunny... And the Workers Comp sucks!
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04-30-2012, 11:25 PM
(This post was last modified: 04-30-2012 11:26 PM by 1171.)
Post: #3
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RE: Does a settlement always apply?
each state has it's own work comp system and rules.
some use wage loss, others impairment and others a combination. without knowing which state I can't answer. http://www.workerscompensation.com/forum...?tid=10146 if it's an impairment state then he'll need a doctor's about permanent loss of function. some recoveries are complete and there is little or no impairment. without impairment only wage replacement money and treatment are available. every state has it's own work comp website detailing the process and benefits. once we know your husbands I can direct you. generally any disputed benefit can be settled. |
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04-30-2012, 11:45 PM
Post: #4
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RE: Does a settlement always apply?
Thank you!
We live in Illinois. I am hoping he won't have any impairment, so I'm guessing the current WC benefits he is receiving is the limit. I'll do some more research. If that is the case, then we are happy that the doctor bills have been covered. Neither of us has ever gone through something like this & I don't want to be taken advantage of just because we don't know what questions to ask. Does that make sense? |
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04-30-2012, 11:45 PM
Post: #5
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RE: Does a settlement always apply?
Thank you!
We live in Illinois. I am hoping he won't have any impairment, so I'm guessing the current WC benefits he is receiving is the limit. I'll do some more research. If that is the case, then we are happy that the doctor bills have been covered. Neither of us has ever gone through something like this & I don't want to be taken advantage of just because we don't know what questions to ask. Does that make sense? |
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04-30-2012, 11:50 PM
Post: #6
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RE: Does a settlement always apply?
the same injury affects everyone differently.
his age, occupation and overall health & fitness may or may not allow him to be unaffected after he has reached maximum recovery. if there are effects then there could be some additional compensation. he can find out more about the benefits and the system from the handbook http://www.iwcc.il.gov/handbook.htm |
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