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RSD/CRPS from work injury
#1
I am from DE and was hurt at work over a year ago. The first doctor did not treat the injury which I had (he was treating a minor injury.) I went to get a 2nd opinion and that dr stated I had "significant damage" and needed tests done which confirmed it. I met with the surgeon in September who stated I needed surgery ASAP as there will be significant damage. The insurance company drug me along for 4 months before I had surgery. 

I went to therapy for a few months until 1 day occupational therapy stepped in and said they were taking over. I did that which created more problems and that therapist stated that I was "lazy, made no attempts, etc." He also questioned the dr about stopping it after 3-4 weeks, saying the dr had no business interfering, had no idea what he was doing, etc.

I just saw my dr and he said that I have reached my "MMI" and that I cannot go back to my previous job as I am too badly injured. I am very restricted as to what I can do, but he said that I can do a sitting job but have to take several breaks to move around.

My questions are:
1) Since I cannot go back to my previous job and since I am very restricted, can I be "bought" out of my career? 
2) How is RSD/CRPS settled in a settlement? 
3) What should I settle and not settle?
4) Since this is a permanent injury and since I was drug along, can I now get pain and suffering?
 
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#2
Hi dmp

4. There is not a P&s part in wc (in ca not sure on your state) I believe meaning you can't be compensated for it

Gl 2 you
 
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#3
You are confusing workers comp liability & monetary recouperation with that for civil law.
Workers comp is "no fault" and does not have open ended $$recovery nor duty to make worker whole. It's not subject to civil or tort law criteria.
Both employer and employee share the burden and costs of a work injury.
Benefits are limited, specific, and fixed by state law.
By having comp insurance, employer is protected from civil liability.
You are entitled to benefits without having the delays of litigation and the diificulties of trying to prove negligence.

workers comp does not have benefits for those that have to change their career.
your permanent impairments are rated; the greater the impairment the higher the rating.
you don't have to settle anything; they will automatically rate you and begin impairment payments.
workers comp has no separate benefit for pain and suffering due to being "drug along"; pain is part of your impairment rating.
Work comp benefits are your exclusive remedy from Your employer for a work injury.
you can find out more here
https://dia.delawareworks.com/workers-comp/
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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