[Speedyro1970]

I was injured at work on 6/27/2011, in New York State my injurys are to my neck and shoulder, c4 c5 c6 cervical and impingement on left, tendencies to my shoulder the neck specialist wanted to do a infusion but if I decided not to do the surgery right now the surgeon said okay but maybe in the future I'm at 100 percent total partial impairment, went to ime doctor he agrees with ally doctor, since I did not take the surgery I did pt and oral steroids and now I'm seeing a pain management I am getting Td payments can I settle since I do not want to take that risk in surgery. Speedyro

[1171]

you cannot be both total and partial at the same time.
yes you can settle.

[Speedyro1970]

I looked at my paper work I'm sorry it's 100 percent temporary impairment from the neck and shoulder specialist both doctors and the IME doctor report said I have a marked partial temporary orthopedic disability now with that said should I ask my doctor for the disability rating and I talked to my attorned about sending insurance company a demand letter because of my financial situation he went on and on with waiting for a hearing date he dint even try I think he don't even care about my finiacial situation and me loseing everything I worked for I'm a single parent with two boys that had to drop out of collage because I can't afford to send the back to school so sick of it I just want to settle and move forward with my life can anyone please give me some advice why my lawyer won't call the ic or send letter of demand and what can I do please help I'm loseing everything

[1171]

yes, you should have a rating before you can determine what your additional benefits might be worth.
when you are desperate to settle the insurance company can take advantage of that situation and offer a lower amount.
if you need your medical, then going to a hearing and getting court ordered benefits might be better.
the carrier can ignore a demand letter and they may not offer anything.
they can just wait until they go to court.
if your doctor says you have reached maximum medical improvement then you can apply for unemployment.
if you have been/will be out of work for a year then you can file for social security disability insurance.

[Speedyro1970]

I am getting Td benefits now bi weekly wish ic calculated wrong amount my attorney put in for a hearing, my doctors said I can no longer do the kind of work I doing is costodial, I had to resign listening to my doctors order and my job said there is no light duty work available for me any way so I had to resign, I know in the process I'm loseing everything and my two boys had to stop going to collage because u can't afford to pay for it like I use to I'm only getting 469.00 every two weeks from Td payments and that's incorrect my attorney said how long dies it take for a hearings date and I have to injurys my neck and shoulder do I get a percent rates for both individual Thanks for all the recent inf

[Speedyro1970]

So depressed right now I just don't know what to do anymore

[bronco54501]

Sorry you are having to go through this process.. If thier is a impairment you should get 2 different ratings, a % for neck and a % for shoulder.. You may have a long road ahead of you before you see any type of settlment.....

[Speedyro1970]

Thank u so much for the information it is greatly appreciated

[1171]

(11-18-2012, 08:34 PM)Speedyro1970 Wrote: So depressed right now I just don't know what to do anymore

depression is a common problem with serious injuries and the sudden change in life. talk to your doctor about a referral for some counseling.
if untreated it could get worse.

[Speedyro1970]

Thanks 1171 I have a appointment to see someone for my depression, holding on to god