Impairment % and Settlement

[In Pain All the Time]

Hi Everyone I'm in the state of GA. I was injured in 2006 and 3 surgeries later and still in pain and have not had a good night sleep in 3 years. So bare with me, I do not make sense right away. I'm jobless becasue of unable to do my present job and they laid me off. And my MD released me back to work on light duty and gave me an impairment whole body of 6%. My Adjuster called and stated that after they get all my papers from my MD they will wrap things up and start making arrangments for my settlement. No sure if this is good or bad. Because I'm still in pain and my Adjuster and MD stated that I have to learn to live with IT!!!!!

My ? is this I have no lawyer and how would I know what is a fair settlement? I did seek 1 free visit and was told by this lawyer that it looks like the Ins Company is doing everytime right (paying for my surgeries/medical bills and loss of income during my time of my healing.

Can I ask for my medical bills be paid for life? Because I still have alot of pain in one arm.

My other ? is how do you find a new job with light duty - with good pay?

How do you know if you can get SSDI? Do you have have a lawyer for that also??? My Husband seems to think I could get this.

How do they rate my settlement by the % & # of weeks the state you live in give you for injury. In I think is GA 225 weeks???

Thanks for you help. I have learned so much in the pass 24hrs. sometimes you feel that you are the only one living the WC world.

Again Thanks.

[lfoster21]

You sound a lot like myself. I originally injured my back in 03 and have had 3 back surgeries as well. Not only did none of them work, but they have made me worse in many ways, at this point. I am in constant pain now and on permanent light duty with lots of restrictions. I will try to help you as much as I can, from what I have learned from my experience.

My ? is this I have no lawyer and how would I know what is a fair settlement? --I can tell you that I live in VA and so my answers are based on those from my state. In VA, if the judge has determined that the company is at fault and have to pay your medical bills, then they need to pay all medical bills and Rx's, due to the injury, for the rest of your life. If the company is just agreeing to pay these bills and you have not gone to court over it, they are only volunteering to do this and can quit anytime. If this is the case, as it was mine (prior to me getting a lawyer) have you personally filed a claim with your state's dept. for work. comp? I did not know that I had to do that and I knew that I filed the forms with my company. I also knew that my company filed with the state and they were paying all of my bills. So, I thought everything was going just fine. Come to find out, both the company and the employee have to file with the state, w/i 2 years. Otherwise, the company can drop the employee and the state can not step in to help, if the employee did not file on his own behalf. In my case, my company was quietly paying my medical bills for 1 1/2 years, w/o telling me that I needed to file w/ the state. They were hoping that I would not get a lawyer and at 2 years, they were going to drop me and there would be nothing I could do and they would never have had to pay for any of my surgeries etc. That is why I ask...have you filed with your state, on your own behalf? Sorry for the legnth, but that was important for you to know. Also, as for the settlement amount, in VA, it is easy to figure out. They have to pay you for your loss of wages, for 10 years (or until you can go back to work and make the same amount or more, than you made prior to the injury.) When your Dr. puts you at MMI, which is when he says that there is nothing more that he can do to treat you, you figure out how much more time you have until the 10 years is up. Multiply the no. of months left by the amount of money you are loosing ea. month and that is your aprox. award. The actual award will be less that this, but you can start there and know that it will go down a bit. This does not include the medical...it is only your loss of pay. The reason it will be a little less, if the company chose to not settle and keep paying you monthly for the next 5 or so years, they would have time to pay it and would have intrest to use. If they pay it all to you now, they won't have that interest and it's also a settlement...which means you will be settleing for less than if you waited out your time.

My other ? is how do you find a new job with light duty - with good pay?--All you can do is keep looking and praying. You can register with the different state job rehab centers/groups etc. that can help you to find jobs that fit you criteria. Take advantage of any programs that social services may have, if you qualify, to help you save money during this time of being on 1 income. Many people in our situation are stuck at this point. We just can't find that job that we are able to do, because we can only do so much. Yet, we can't live on the air we breath, can we? I suggest having your Dr. not just state that you be on light duty, but specifically spell out what you can and can not do. Perhaps when the employer see's what you can do, that would help to find a job. Now remember, if you find a job that pays less, the ins. company has to continue to pay you the difference that you are loosing. At least in VA, they have to do that.

How do you know if you can get SSDI? Do you have have a lawyer for that also??? --You absolutly need to apply for SSDI! You will likly not get it the 1st time around (although you may be 1 of the lucky ones) but many have to appeal a couple of times, before they get it, so start the process now. Most lawyers will tell you that there is not much they can do for you, untill you are at the point of appealing or at the point of going to court with an appeal. I ended up being found fully favorable after my 2 appeal, which is when you go to court. That was when I got my lawyer for the 1st time.

How do they rate my settlement by the % & # of weeks the state you live in give you for injury. In I think is GA 225 weeks??? --I don't know GA's law, so I can't help you here, but someone will be around with help for you, I am sure.

I will keep you in my prayers and I hope things work out well for you.

LAF

[AQA]

You may want to metion to your dr. that you are thinking about applying for SSDI. and see what he/she has to say about it. That is the first thing I did in the persuete for SSDI.

Every state has different laws and rules when it comes to the world os WC.. Can you ask for life time medical??? Sure, there is nothing wrong with that. As far as the rating. I don't think anyone can tell you if it is fair or not. We are react differently when it comes to the healing process, so, everyone is different and so are the ratings.

Take Care

[Lilly]

Hi,

Here's a great site re: SSDI........read it prior to filling out the forms.
http://www.disabilitysecrets.com/

Good luck, apply asap....as it takes them @ 3 months or better to decide if you are elegible or not.
Lilly