please help me!!!!

[palmtreesandparakeets]

im in ny and i was working at ford motor company. i got injured june07 and i haven't been to work since. i'm non union and we work on a week to week basics. basically we only work when they feel like the union people need a weekend off and they might call us 2wce a month. anyway my doctors have released me to go to work with restrictions. i called the job today and asked why i haven't been called back since they have my restrictions. they said they don't know if they can work with my restrictions. i have to go in tomorrow and see the ic dr which is at the job to get evaluated. my question is if he posts my restrictions and the job can't meet them would that be work unavailable. the tricky part is i wouldn't work everyday since i don't have a guaranteed job. but when they do call my group in on weekends i wouldn't qualify. with this said am i entitled to anymore income without hurting my case. i was making 700wk after taxes before injury. then 400wk after injury. since dr put me on restrictions. 360wk. if you can help me it would really be appreciated.

[ace25]

You have some unique situations, since you did not have a regularly scheduled job. What was your injury? Any chance of a recovery? You only mention getting more money. I am not sure how being entitled to more income will "hurt your case". What does that mean? You don't discuss what happened or what the injury was. It will be difficult for anyone to answer without some basic detail.

[palmtreesandparakeets]

i hurt my back and ic dr sent me to get mri 3 days after injury. mri came back 3 herniations,annular tears, and protrusions. all the docs i've been to say annular tears don't heal and pain will come and go. my pt said she don't recommend i do that kind of work. i went and took a fce 3months ago and it said i'm only functioning at 35-40%. fce said i could do sedentary work and my weight limit is 10lbs. i went to ic dr(which is at the job. my job is self insured) and he posted my restrictions but like i stated i'm just an on call person at my job. i was wondering is this considered work unavailable and if it is am i entitled to more money. if not is there a way i could earn more money and not hurt my case. if i can do i keep getting my worker comp checks. for instance i was making 700wk after taxes at work. i now get 360wk for wc. if i got a job within my restrictions making 300wk do i still get my wc checks and will this hurt my case. i asked my lawyer and he act like i was talking in hebrew or something.

[AQA]

The short answere is no. The monetary benifits you receive from wc are because you can not work. If you find a job within your restrictions and you are making less than 66% then wc may make up the difference to match the 66%. I do not know what your state limit is. it may not be 66%. But the money from the other job would be taxed. Your medical care should not change.

If your job can not meet the medical restrictions than yes it would be work unavailable. You may want to call a few attorneys. most give free consultations. That way you would know the specifics of your state wc system.

[ace25]

palmtreesandparakeets Wrote:am i entitled to more money. if not is there a way i could earn more money and not hurt my case. if i can do i keep getting my worker comp checks. for instance i was making 700wk after taxes at work. i now get 360wk for wc. if i got a job within my restrictions making 300wk do i still get my wc checks and will this hurt my case. i asked my lawyer and he act like i was talking in hebrew or something.

If you are asking if you can go work elsewhere within your restrictions and still receive full benefits, the answer is no. AQA is correct. They will provide the difference up to their statuatory requirements.

You make several references to your case. Are you concerned that working within your restrictions will reduce a hoped for settlement?