Hello There, Guest! Login Register
Index    |     Search    |     Members    |     Help

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Completely lost !! Help!!
#1
Hi,
I tracked this site down trying to get some info on whats going to happen to me. I was hurt in Dec 2010. I have been through everything and I am not getting better and the insurance co refused my injections and surgery even though best docs in town say I need it. I am waiting for a QME panel to decide say I need the injections and operation but I have a Permanent and stationary appt this week and the doc is going to say I am Permanent and stationary, he told me . I have severe depression now with all the worry of what is going to happen to me BUT I AM NOT DONE trying to get better. What happens now. Someone mentioned that they will take the % of disability the doc says I have and pay me a lump sum? What about my workman's comp payment of $700 a week I have been getting? What happens now? After the Permanent and stationary they stop paying me and start paying a perm disability payment? Cant I add state disability to this payment for the insurance co.? I do not know if this matters but I do not deal with the state in any way. The company I work for is privately insured. How can I figure what my settlement might be? What if a year down the road I am better from a operation of some type of help. Am I labeled disabled forever! I can go back to work if i get better correct? I am so worried how I am going to pay me bills that the $700 a week barely helped with. PLease help with any answers you might have. Thank you.
 
Reply
#2
there are 50 different sets of state workers comp laws as well as separate federal and territorial laws.
no one can give you specific information without knowing which laws control your rights and benefits.
that's why this site asks for your state and most of the posts on this site list their state:
http://www.workerscompensation.com/forum...?tid=10146
try reading a few posts here; most of your common questions have already been answered.
there is search function for this site as well.

P.S. you will have to have a medical diagnosis that you have depression and it is related to your work; comp won't accept your word as to a work related injury especially such a subjective one as severe depression.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#3
(11-21-2011, 08:13 PM)1171 Wrote: there are 50 different sets of state workers comp laws as well as separate federal and territorial laws.
no one can give you specific information without knowing which laws control your rights and benefits.
that's why this site asks for your state and most of the posts on this site list their state:
http://www.workerscompensation.com/forum...?tid=10146
try reading a few posts here; most of your common questions have already been answered.
there is search function for this site as well.
I would suggest an attorney as the insurance company has one and will use them to their advantage, without a doubt.
 
Reply
#4
Quote:I would suggest an attorney as the insurance company has one and will use them to their advantage, without a doubt.

most carriers are cheap and only assign cases to attys once they are litigated.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#5
duplicate
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#6
(11-21-2011, 10:43 PM)danitaw63 Wrote:
(11-21-2011, 08:13 PM)1171 Wrote: there are 50 different sets of state workers comp laws as well as separate federal and territorial laws.
no one can give you specific information without knowing which laws control your rights and benefits.
that's why this site asks for your state and most of the posts on this site list their state:
http://www.workerscompensation.com/forum...?tid=10146
try reading a few posts here; most of your common questions have already been answered.
there is search function for this site as well.
I would suggest an attorney as the insurance company has one and will use them to their advantage, without a doubt.

Um, the carrier isn't going to retain counsel unless the claimant does, particularly in California where if the IC files an application first, they are stuck paying the applicant attorney's hourly fees.
(11-21-2011, 06:05 PM)stevejones Wrote: Hi,
I tracked this site down trying to get some info on whats going to happen to me. I was hurt in Dec 2010. I have been through everything and I am not getting better and the insurance co refused my injections and surgery even though best docs in town say I need it. I am waiting for a QME panel to decide say I need the injections and operation but I have a Permanent and stationary appt this week and the doc is going to say I am Permanent and stationary, he told me . I have severe depression now with all the worry of what is going to happen to me BUT I AM NOT DONE trying to get better. What happens now. Someone mentioned that they will take the % of disability the doc says I have and pay me a lump sum? What about my workman's comp payment of $700 a week I have been getting? What happens now? After the Permanent and stationary they stop paying me and start paying a perm disability payment? Cant I add state disability to this payment for the insurance co.? I do not know if this matters but I do not deal with the state in any way. The company I work for is privately insured. How can I figure what my settlement might be? What if a year down the road I am better from a operation of some type of help. Am I labeled disabled forever! I can go back to work if i get better correct? I am so worried how I am going to pay me bills that the $700 a week barely helped with. PLease help with any answers you might have. Thank you.

Ok.... I'll assume you are in California since you mentioned QME.

Anyway, the first thing is that it is unlikely the carrier denied the injections, since they aren't even allowed to do so. Presumably, the UR company denied the injections due to something being missing in the doctor's report.

Yes, TTD will stop upon P&S and PPD payments will start, assuming the carrier is anticipating some impairment. You can file for EDD once PD payments begin.

It is very hard to comment on what your settlement value would be. If I am guessing correctly, you have a back or neck injury. If the doctor is going to P&S you, You are likely DRE II, and I would imagine a point or two for pain, so I would bet 8-10% prior to age/occupation adjustments. The settlement value would be determined by the future medical care. However, if you continue to work for that employer, the carrier will stipulate, and unless PD was all due, payments are biweekly at $230 per week.

You are not labeled disabled forever, and chances are any subsequent employers will have no idea unless you tell them.



 
Reply
#7
What is EDD?
 
Reply
#8
(11-28-2011, 03:17 PM)beckyandac Wrote: What is EDD?
actually I'm sure he is referring to the Unemployment Insurance and/or State Disability Insurance programs:
http://www.edd.ca.gov/
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
  


Possibly Related Threads...
Thread Author Replies Views Last Post
  Injury not completely addressed, what do I do next? mesmk01 3 2,343 02-19-2015, 06:48 PM
Last Post: Timothy Belt

Forum Jump:


Browsing: 1 Guest(s)