stupid questions

[nursedina]

Hello all. My name is Dina and I have what is probably a stupid question. I am from PA and got hurt on 8/30/08. I have received two separate surgeries on my spine. I had a one level posterior fusion of L-4/L-5 and then then the screws fell out and the disc below collapsed, and I received a two level 360 fusion of L-4/-S/1. I have been approved for social security and am on comp. My lawyer is taking 20% of my comp checks now. I can not survive on the money I am receiving. It is impossible. I am losing my home. I am a recent widow (2 years ago) and have three teenage boys. I am registered nurse by trade.
I have been left with constant back pain - which I am having a spinal cord stimulator implanted for. I also have a permanent left drop foot with permanent nerve damage on the leg. I was hurt at work.
I have recently begged and begged my physician to let me return to work to do something - I have been approved for sedentary work with NO patient care and restrictions of 10 lbs to pushing and lifting. Basically, I need a desk job.
My questions are:
1. When will workman's comp cut me off? My employer knows I have been released back to work last week but has not found a job for me to do yet.
2..Do you think I will receive ANY money from workman's comp because I can not do the work I was doing or the work I was trained for and am left with permanent damage?

I know these questions sound stupid, but I am so lost and my lawyer, although a very good attorney in the courtroom, does not explain things very well.

I really can not afford NOT to go back to work, although I know in my mind I am not ready to go back - lots of pain, pain meds, etc...I'm miserable but I am left with no choice ...any help or any comments would be SO gratefully appreciated.

Thanks in advance - Dina

[capricorn]

Let me start with...no question is stupid.......Dina...I am also from PA and will do the best I can. Tim Belt is an attorney from PA....you might want to PM him.

You can settle your case for a lump sum at which point you will not receive checks anymore from WC. Your attorney will also get 20% of that. I would certainly try for open medical.You will also at that point be terminated. If you work PT, WC will make up the balance of 66 2/3 of your income. Are you at MMI?

If you have an impairment rating done( mine was court ordered) and are deemed less than 50% disabled and in PA from what I'm told you could have one foot in the ground and wouldn;t be 50%, a clock starts running on your time. You will be paid by WC for 10 years but will also be under their care for those 10 years.

Any and all settlement monies from WC will have an affect on your SSD. Your attorney is really the best one to explain where your case is at. Still in Limbo may come along. I'm sure he can be more clear than I was.

[Bad Boy Bad Boy]

I can understand where your coming from. But 5 months Post-Op is a little soon for a doctor or surgeon to put you at MMI. I would think your still in PT at this present time, and surly hope so.

360 Fusions? Is there a reason why the surgeon went to this extreme? General a 360 is only done when there is spinal instability? Mostly when a Verebre has side to side movement.

[nursedina]

Hi again - thanks for the replies. I was not sure if I return to work immediately (as in the next 1-2 weeks), what will happen to WC. I know the checks will stop, but my question was if you think I will still be entitled to some kind of settlement. I do intend to try to keep medical open. If they wanted to settle that after the stimulator, I would be interested only if it was a large amount obviously.

Bad - the 360 fusion was done by my second surgeon because my first surgeon screwed me up so bad. My initial screws were falling out and the holes they left were very big, we almost had to go to three levels! Also, I had no bone growth what so ever after the first fusion. Nothing. Not a stitch, not a shadow. It was done to stabilize my spine by putting in cages in between the vertebrae to stabilize my spine. It was very unstable after the first surgery.

I never had an impairment rating done. My attorney said they usually do that after 24 months - which still leaves me about 9 more months away.

I am worried that I screwed things up by pushing myself back to work, but I can not afford not to go back. I feel like I am in between a rock and a hard place. My kids have to eat, they have to have a roof over their head. I have one kid in college, and another going next year. and there is still one who is a junior in high school now. I can;t pay my bills, and am even having trouble buying damn food. But of course ,I am over the threshold of income to get any state help. I feel helpless. This sucks.

Thank you for your answers, it helps to know that there are people out there who understand how screwed up this stuff can be and how helpless it can make you feel.

[1171]

you can find out more general information from the state website.
start here
http://www.portal.state.pa.us/portal/ser...de=2#total

[Still in Limbo]

Hi Dina, and Welcome to the Forum!! To Answer One of Your Questions You are on SSDI and w/c Currently Collecting TTD, so You should be Receiving 80% of Your Average Wage I believe Cumulative from Your Last 5 Years, or it May be 10 Years, but it's the Higher Wage Years They Use. Now if You Return to Work SSDI has a Ticket to Work Program You can Look into, and w/c is going to have to Pay You the Difference of the Wage You will be Making, and Your Past Wage, to a Certain Point, Your attorney or Mr. Belt could Tell You a bit More about that. I know this is Tough to Hear, and even Harder to do, but I have been where You are, and I'm in Pa. also, and Our system is Full of Loop Holes and Pit Falls that can Delay Your Claim for Years! If You can't Eat it, or Use it in Your Daily Life, with the Exception of Your Home, Sell It!! Stay on Top of Your Attorney, I'm Close to Pittsburgh, and You are Welcome to PM Me anytime, but Make Sure Your Attorney is doing things in a Timely Manner, and I Would Suggest a Set-Down Appt. with Them, and Write Down ALL of Your Concerns before You try Work, and be Clear of the Good and Bad it can do to Your Case in the Long Run!! Spinal Injuries are No Game, and Usually Only Stabilize or Worsen, and Your Injury is in the Same Place as Mine, and I'm Totally Disabled at 47 Years Old, My Injuries are in My Signature Below! There are no More Surgeries for Me Unless a Life/Death Situation, and My Back has Worsened over Time, and I was injured in 10/04! Be Careful, Be safe, and Schedule that Set-Down soon, so You See where You Stand!!

[nursedina]

thanks Limbo -

Yep, I'm on social security disability, and on workman's comp. My layer takes 20% of my comp checks, and the disability is the wrong amount and has been the wrong amount for months and months now. My lawyer has called and said that things were straightened out, but no change yet and every month I wait. I have called my state representative and have his office working on it, but no change. I am sick of waiting for other people to give me my future. I know I probably should not be going back to work, but I really don't fee like I have been given a choice. I can not raise three teenage boys on 2000.00 a month. my mortgage is almost that. never ind food electric, gas, insurance, car payments, etc..etc.....

I would rather go back to work and try to tough it out, it i can't. then i can always stop working again. Just like you said Limbo - the loopholes can eat up your claim time for years and years, I can't afford that. If it was just me, that would be easier, if my kids didn;t just get through the death of my husband, maybe it would be easier also, but I can't do this to them after everything we have been though.

Thanks everyone for you replies. I appreciate it!

[capricorn]

Nurse...I think what I was trying to do was explain what choices you have. You need to do what's best for you and most of us hear will tell you with a spinal injury going back to work when not ready or forcing it is a bad move. You need to educate yourself on all the choices you have both medically and legally. Is it possible to move into a less expensive home? I understand being over the $$$ limit for any help form the state. I am also. In PA the attorney gets 20% of anything he has worked to get you. My husband has the same problem with SSD. IDfferent amounts. He gets a letter a week for 3 years now telling him he owesd money, he doesn't owe money, and a change in check amounts, he's not getting a check but does anyway. SS is the most messed up dept of governement I have ever worked with. I wish I could give you more ideas but I agree with Limbo. sell, sell, sell......we've all had to lower our bills as much as possible to survive through the years of this ....but please don't hurt yourself anymore trying. Keep us posted.

[Bummer Knees]

I understand the need to return to work, although working as an RN is very physical.

I have a friend, also an injured RN and she has been checking into jobs working in other areas of the medical profession. She has interviewed at the hospital in the medical record department and it looks like she will get the job.

Please look at area resources, many churches have food programs with no question sasked of income. Also google United Way 211 for your area and check into the funded agencies to help with utilities and other needs.

Good Luck!

[nursedina]

thanks Bummer - I'm looking into non- patient care. My doctor will not let me go back to patient care. I have to do "sedentary work"..hopefully my employer can find some. If they can't find anything for awhile, does WC still have to pay me or will they cut me off since I have a release back to work now?