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Pain and suffering
#1
Below is something I copied out of my states WC book. Now I know they never pay for pain and suffering. But what is residual pain? And what is this saying?

Is an employee
eligible for compensation for pain and suffering for
a work-related injury?
Employees are not compensated for past pain and suffering, only for the residual pain that is part of
the permanent disability.
 
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#2
(03-25-2014, 09:30 AM)Manley2 Wrote: Below is something I copied out of my states WC book. Now I know they never pay for pain and suffering. But what is residual pain? And what is this saying?

Is an employee
eligible for compensation for pain and suffering for
a work-related injury?
Employees are not compensated for past pain and suffering, only for the residual pain that is part of
the permanent disability.

Residual pain is pain that's follows like surgery, broken bones, its just pain that follows a injury.. From my injuries I was compensated for it but it was within my imparement rating, as how the pain would effect the quality of work that would be available for me to do...
.
 
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#3
residual would mean on-going or continuous or persistent. Present as an after-affect or consequence of injury and treatment.
as opposed to pain that is immediate, transient, and was present temporarily at the time of injury or during recovery.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#4
That is pretty much what I was thinking. I'm in pain all the time but I don't know how that would figure into anything. Would be nice if was worth something. Some of us know what it is like to live in daily pain
 
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#5
(03-25-2014, 04:48 PM)Manley2 Wrote: That is pretty much what I was thinking. I'm in pain all the time but I don't know how that would figure into anything. Would be nice if was worth something. Some of us know what it is like to live in daily pain
Illinois law specifies:
"The most current edition of the American Medical Association's "Guides to the Evaluation of Permanent Impairment" shall be used by the physician in determining the level of impairment."
that's the 6th edition. you may want to review what it says about rating pain or discuss your pain rating with your atty.
often the AMA guides are available at a local library, medical library or from your physician or lawyer.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#6
Thanks I will ask my lawyer
 
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#7
Sad 
(03-25-2014, 04:48 PM)Manley2 Wrote: That is pretty much what I was thinking. I'm in pain all the time but I don't know how that would figure into anything. Would be nice if was worth something. Some of us know what it is like to live in daily pain

I am also In pain every day. Some days worse than others. And Its like they don't care at all. I'm frustrated, moodier,depressed, I have panic attacks. I can't sleep at night. I need surgery on my lower back to fix my injury but do they care? heck no !!
 
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#8
Sounds like depression from exposure to chronic pain. You need to get a referral for psyche/pain counseling. Professional help is best way to break the cycle before the depression can cause more/worse problems.
https://www.webmd.com/depression/guide/d...ronic-pain
Start your own thread;this one is 4 yrs old....
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#9
Got hurt at work 3 months ago. Hit my head and neck went to the hospital got diagnosed with a concussion. Had pain the next day in my neck and burning in my arm and shoulder. Went to my regular doctor did an MRI and found I have herniated disc in my c5-c6 . 2 bulging disc at c3-4 c4-5. The pain is like nothing I ever felt before. My regular doctor sent me to a neurosurgeon. He wants to do surgery. But first I have to do shots and therapy. I have no issue with that. My question/issue is I have been depressed about this. I lost my son a year ago and now this. Should wc pay for me to go see a psych doctor for this depression? I can't sleep at night on top of the pain in my neck, arm and shoulder, I have this serious migranes that makes me wish I wasn't born. Now I have depression taking over!
 
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#10
(01-17-2018, 04:07 AM)Gabriel Wrote: Got hurt at work 3 months ago. Hit my head and neck went to the hospital got diagnosed with a concussion. Had pain the next day in my neck and burning in my arm and shoulder. Went to my regular doctor did an MRI and found I have herniated disc in my c5-c6 . 2 bulging disc at c3-4 c4-5. The pain is like nothing I ever felt before. My regular doctor sent me to a neurosurgeon. He wants to do surgery. But first I have to do shots and therapy. I have no issue with that. My question/issue is I have been depressed about this. I lost my son a year ago and now this. Should wc pay for me to go see a psych doctor for this depression? I can't sleep at night on top of the pain in my neck, arm and shoulder, I have this serious migranes that makes me wish I wasn't born. Now I have depression taking over!

I am sorry for your loss and what you are going through.

Every state has different rules, so listing your state will be helpful.

In my state you can include a psych claim, but some injured workers have stated it is stressful as you are dealing with work comp and this is entirely different than private insurance. It is up to you if you want to make a stress claim through work comp or use private insurance. You have some options. 1171 wrote it perfectly above about why it is important to get treatment for this. 

 I highly recommend getting one or two other opinions before having a spinal surgery. It is a good idea when you go to places to get any type of scan to ask for a copy of the scan and the report and keep your own file for these things. Asking the surgeon for a copy of his report can also be helpful if you decide to get another opinion as there are many different types of spinal surgeries, and many different types of approaches to surgery. 

Is your doctor giving you anything to control your headache pain? Migraines can be horrific. I know. I wonder if a pain management doctor may be helpful. 

I also recommend discussing any injections into your spinal cord with your doctor on the risks. I have no idea what type of injection he is proposing. You can google whatever he is recommending and put cervical spine after it and get a better if you are interested.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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