Question from New Guy

[Tmack]

I had a knee injury that required surgery a year ago all my medical was paid for and I had enough paid leave to cover my work absence. I got a call from a company telling me that I have a 6% disability rating and that they were going to give me $6,000 to close out my account. Is this a fair price? Also my knee does not feel so great and limits my activities oh I am in Oklahoma if that matters

Thanks allot!!!!!

[Pooh]

check out the oklahoma website - that sounds way low - especially since you had to use all your paid leave to cover your work absence and they didn't pay your ttd during that time.

here is the chart for the ppd in oklahoma

http://www.owcc.state.ok.us/Laws_Rules.htm

[Lilly]

Hi,
Check into this further....as they are trying to weasel out cheap. If your knee is still not right, they are responsible.
Lilly

[punk]

First of all, you need to be making an appointment with the surgeon that took care of you initially. Tell him what you're feeling and have him check it out. When it comes to the question if it's work related, say yes. Have them bill it to your IC like they did last time. Give them the original date of injury.
As for the check they've offered you. Do as pooh says...do some checking on your state and see if you think it's fair or not. DO NOT CASH IT!! If you think you're entitled to more, then tell them that you aren't willing to settle for this amount and give them another number! If you don't have an attorney, then you can do this on your own but you must be very careful that they don't screw you out of things that are needed!! If you choose to retain an attorney he/she'll tell you exactly what to do. It would be my guess that you just tell your IC that you have legal representation and give them your lawyer's contact information. They'll take care of everything from there. However, you must realize that it you retain an attorney your days of speaking directly with the IC are over. The can no longer talk to you....all communication will be done through your attorney.
Also, if you decide you'd like legal representation make sure you interview more than one attorney that specializes in Workers Compensation!! That's very important. Then make your decision based on who you think you can work the best with, the one you feel most comfortable with, etc. It's a decision that will affect you greatly so make sure you get one that will work with you and keep you informed every step of the way!! Communication will be the key to your relationship!!
As well, if you choose not to retain legal representation then you must deal directly with the IC and all of their lawyers. If you decide you want to counter offer then make sure you counter with an amount that really high...this way it gives you room to negotiate. Kinda like buying a house or car...never give them your final price first. See what I mean? LOL
Listen to Pooh...she'll not lead you astray!! She's been there, done that! AND she's from OK!!
Whatever you do...don't settle this out until your knee is fixed or you know that there isn't anything more to be done...if it's at all possible!!
Hope this helps...keep us posted and remember to take care of YOU!!

[NewDriver]

Tmack Wrote:I had a knee injury that required surgery a year ago all my medical was paid for and I had enough paid leave to cover my work absence. I got a call from a company telling me that I have a 6% disability rating and that they were going to give me $6,000 to close out my account. Is this a fair price? Also my knee does not feel so great and limits my activities oh I am in Oklahoma if that matters

Thanks allot!!!!!

Tmack, was this a work related injury? If so why in the world did you use PTO instead of them paying you TTD through the WC IC? You really need to consider hiring an attorney that specializes in WC law as has been already suggested. You might find that it is not too late to have the IC retro pay you for the TTD and have your PTO days restored. I am awfully confused as to why this wasn't done at the time of the injury. Also when did you have the disability rating and what kind of doctor did it? Have you received a copy of the report from the doctor? That figure certainly seems very low if you have an residual loss of ROM, weakness, or pain in the operated knee. Also you need to consider future medical in the event that you have problems develop from this injury and surgery.

Good Luck to you,

NewDriver

[Still in Limbo]

You've been given some very good advice, and you should, my opinion only, follow the route the route of a w/c certified Attorney! If you don't learn amd protect your rights, you are going to end up on the short end of the stick, and possibly without a Job! See an Attorney for a consultation as soon as you can, before it's too late! I Wish You the Best, and Please keep us informed!!