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Workman's Comp Injury
#1
Cool 
I am new to this site, but so glad I found it.
I worked as a Contractor in Afghanistan for a few years, and got injured 2 years ago while I was last there. IED exploded while I was in an unarmored truck, and we were under enemy fire.
Seat belt was on, and saved my life, but when we hit the wall of pavement that exploded in front of us, the jarring motion and crash caused my right shoulder, left hip, and left achilles and right ribs to be injured.
I came home for treatment, and had to get my shoulder repaired, my ribs healed, and my achilles healed. But my left hip had a torn labrum, which was repaired, but I now need a total hip replacement.
I still have pain in this hip, and problems walking.
My doctor said I am not able to lift anything over 30 lbs with my shoulder.
Here are my questions:
1) Has anyone ever had any joint replacement and then did a settlement? My wife had a knee replacement, and after 2 years, had problems with it and needed another one. I am concerned about future medical needs. How does that work if you refuse to settle?

2)My new hip doctor on Tuesday said that he may want me to wait 1 or 2 years before having the surgery done, because he hates to cut into people that are so young...but he said I WILL need a hip replacement within that time period. (I have an MRI and bone scan scheduled for him to see how damaged the bones are).
How would this work with me receiving disability payments...and still having periodic cortisone injections (every 3 months) to help with the pain and movement? Has anyone had to do this before? I am definitely improved in movement due to weekly Physical Therapy I still get. It's really helped.
Would they want to stop payment if the surgery is done later?

I don't want to sign off on my benefits yet until I am sure I am doing the right thing regarding this hip.
I am/was a tri-athelete, and was beginning training for the Ironman before I got injured. This was the condition I was in before the injury, and now, I can't walk too long or far without much pain, sit too long without pain, or lift over 30 lbs without hurting my shoulder!
But I am truly grateful to be alive!!
 
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#2
employers in different states have different comp coverages. there are many different coverages for Federal employees.
who/what provides your comp coverage?
likely the Defense Base Act?
http://www.dol.gov/owcp/dlhwc/lsdba.htm

under most coverages temporary disability payments stop when you reach maximum medical improvement. you are given a permanent disability rating and a fixed number of permanent disability payments that are paid based on the severity of your rating. open medical coverage is generally available for your future injury treatment needs. those benefit arrangements can be documented in a finalization agreement.
a "settlement" usually refers to a cash buyout of all future benefits and closure of the claim.
generally the worker has the option.
ratings are not based on past performance/health but on standardized rating guidelines that vary depending on your coverage jurisdiction.
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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#3
Shy 
I work for a hospital in PA and was injured in October, I have been back to work since injury twice on light duty (not much relief with 3x therapy too). Day one I was granted services from WC almost immediately and now my injury (back lumbar sprain) has been acting up and my Dr. (PCP) has taking me out of work.
I have used up all my FMLA and I had gotten STD for a month now I find myself having a filed a petition for WC and today was told that ADA (American Disability Act) is no longer able to protect my job for me and I must go back to work on light duty. How can I if my doctor has me out of work.
My job has not made any type of payment not even a 0$ check, nothing on my employee website. I feel they are trying to fire me and wanted to know. While I'm fighting for WC can they fire me?
I have no funds to get to Dr's and my Therapy my PCP has ordered. I don't know what to do. I'm awaiting info from STD but without job protection I think I'm a sitting duck. My worker's Comp doctor wasn't listening to anything I was telling him and told me to see my PCP bc other things are going on. "The only thing that is going on with me is my back" like I can't believe this really as soon as I saw doctor and went back to WC for my therapy and they (Work Partners) canceled my appointment.
Can anyone please shead some light on my situation.

Thanks, J TP
 
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#4
you should start a separate post for your question and not hijack the original question from majsflas; it confuses many others who review posts for help with their issues.

a doctor's opinion is only medical advice and every patient is free to take it or not especially as far as returning to work.
you can't be fired but you can be replaced even while receiving workers comp. it is illegal to retaliate against an employee for filing a workers compensation claim. there is a difference.

if your treatment is for the injury and workers comp has accepted the claim, they are required to pay benefits. if they refuse you can appeal to the comp court.
you can request a change of doctor's from your workers comp carrier. do it in writing and keep a copy
for more information on workers comp rights and benefits in pennsylvania go here
http://www.portal.state.pa.us/portal/ser...715&mode=2
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.
 
Reply
#5
(03-02-2015, 12:33 PM)1171 Wrote: employers in different states have different comp coverages. there are many different coverages for Federal employees.
who/what provides your comp coverage?
likely the Defense Base Act?
http://www.dol.gov/owcp/dlhwc/lsdba.htm

under most coverages temporary disability payments stop when you reach maximum medical improvement. you are given a permanent disability rating and a fixed number of permanent disability payments that are paid based on the severity of your rating. open medical coverage is generally available for your future injury treatment needs. those benefit arrangements can be documented in a finalization agreement.
a "settlement" usually refers to a cash buyout of all future benefits and closure of the claim.
generally the worker has the option.
ratings are not based on past performance/health but on standardized rating guidelines that vary depending on your coverage jurisdiction.

Thanks for your reply. Greatly appreciated!
 
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