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Permanent restrictions: Attorney Says I Have to Prove I Can't Find Work and No Pay
#1
Ok final doctor visit after fce. He has placed me on permanent restrictions. I cannot do my job anymore. I asked my attorney what would happen if my employer says they cannot accommodate my restrictions and asked about training for something else. He tells me I have to prove I can't find a job before they will do that. Is this right? I swear he's trying to break me down too so that I give in to a quick end. I haven't received any pay for 3 months and he's also told me since I am MMI they don't have to pay me. What's PPD for then? I have been waiting 2 weeks to hear from my employer as to what they're going to do with me. In the meantime I am about to get evicted and phone shut off. I applied for a loan after I used up my savings and my atty. hasn't sent them back the paperwork they need for it to go through. What is going on here? Does this stuff seem wrong to anyone else?
 
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#2
without knowing your state no one knows what rules apply.
http://www.workerscompensation.com/forum...?tid=10146

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.
 
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#3
(01-04-2012, 01:59 PM)1171 Wrote: without knowing your state no one knows what rules apply.
http://www.workerscompensation.com/forum...?tid=10146

Illinois
 
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#4
the code says you are entitled to vocational rehabilitation when your doctor permanently precludes you from your prior employment.

you need a VR evaluation by a certified counselor.

they don't have to pay PPD until the rating or wage loss rate has been determined.
you need a court date to force some action. once you have evidence of permanent impairment, get it in front of judge to order payment.
more in the handbook:
http://www.iwcc.il.gov/handbook.htm
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.
 
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#5
Your attorney is right that you have to have proof but is sound like he did a poor job of explaining it to you. My husband was left disabled and has not received a cent from the insurance company since he reached MMI. That was almost 9 months ago. His attorney has sent him to 3 different drs to prove his disability and some of the good ones (reputable) take months for a appointment. It then takes time for their reports to come back. This is a very slow process but to have the proof, it is necessary.

I'm still learning this process myself. If not for this site and these great people I would of been lost thru it. They have been spot on with their advice and what to expect. Most the time, its not what you want to hear but its accurate. I was fortunate to find this site days after my husbands accident so they have held my hand thru it.
 
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#6
Its a cruel world for the injured, but not all have to strugle through the system.. I was fortunate, I was collecting ttd up til feb of last year. I had multiple injuries and not all were at mmi, 4 months pryor I had ppd raitings done and were calculated before they pulled the plug on my ttd. I am not able to work and have a few issues (wc injuries) that still needs surgery but wc says I am at mmi on everything.. So I am being paid my ppd in which is 1/2 of my total monthly ttd checks.. Your attorney is correct, but he should have explained it in more detail . and maybe a little more carring effort.. When my dr did the reports on my impaiment, thier dr agreed with everything my dr said except for an extra 5lbs on lifting.. So thier was not a need for a court date to get the ppd started...

Care to share a bit of our injuries and what your work duties were... We might be able to steer you, or at least advise you to help this ease through better..........
 
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#7
(01-05-2012, 07:41 AM)ammowoman Wrote: Your attorney is right that you have to have proof but is sound like he did a poor job of explaining it to you. My husband was left disabled and has not received a cent from the insurance company since he reached MMI. That was almost 9 months ago. His attorney has sent him to 3 different drs to prove his disability and some of the good ones (reputable) take months for a appointment. It then takes time for their reports to come back. This is a very slow process but to have the proof, it is necessary.

I'm still learning this process myself. If not for this site and these great people I would of been lost thru it. They have been spot on with their advice and what to expect. Most the time, its not what you want to hear but its accurate. I was fortunate to find this site days after my husbands accident so they have held my hand thru it.


Be careful i have heard of people with legit claims wind up in jail
for filing w/c. These insurance people don't have to follow the law
like everyone else. Warning!!Sad

 
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#8
(11-20-2012, 02:49 PM)yankee530 Wrote:
Be careful i have heard of people with legit claims wind up in jail
for filing w/c. These insurance people don't have to follow the law
like everyone else. Warning!!Sad

the legal system has never been perfect; innocent people do get convicted.
that's always been the case.
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.
 
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#9

Be careful i have heard of people with legit claims wind up in jail
for filing w/c. These insurance people don't have to follow the law
like everyone else. Warning!!Sad


That is ridiculous!

If the claim is legit then there would be obvious evidence of the injury existing. If a worker is complaining or has a legit injury and complains of not being able to do this or that in relation to his job, BUT is witnessed to not be as he claims ....... then yes, the claimant CAN BE arrested due to fraud/theft of compensation received.

Unless that amount is significant the likely outcome would be termination and a civil suit by the company.

 
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