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help needed in indiana
#1
I fell off a cable/telephone line at work 24' drop. The lasting injury is entramped nerves in the face which is causing blurred/double vision, severe pain, (equal to the multiple ribs that were broken in the fall) debilitating migraine headaches, extreme facial sensitivity( the wind feels like some one is hitting me) it makes it hard to read work on computers concentrate etc. . I was given a 3% rating for PPI i have hired a lawyer but any advise would be helpful. DR.'s have said surgery is off the table because workers comp took so long to get me into a doctor that actually looked at my Xrays and doctors have said this will be life long 3% seems low for something that makes it almost impossible to work at even mcdonalds because i can focus on anything for mare than 10 to 15 minutes and i am on norco 10s 3-5 times a day any advise would be greatly appreciated
 
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#2
Indiana uses the AMAs 6th edition guide for ratings.
it's possible there was an error by the rating physician.
if there isn't one your atty might send you to another doctor for a rebuttal rating and negotiations will probably result in an agreement falling somewhere between the two.
pain by itself is not rated in comp.
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

I do not know anything about your states laws. That rating sounds very low for the conditions you have described.

Were you evaluated by a neurosurgeon? Did they do other tests other than an x-ray...like an MRI?

I would suggest applying for SSDI if you cannot work due to your medical condition.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#4
When you were given your rating, did you sign a Form 1043 and sign a Waiver? Typically the WC carrier will have you complete the 1043 which addresses the PPI rating and sign the waiver which essentially states that you agree to the physicians rating. They should also give you a copy of the report.

1. If you did not sign anything, you can contact the State and they may be able to set you up with an independent physician to address the rating. Go here: http://www.in.gov/wcb/2340.htm for contact information. Speak with a Case Coordinator. They are all very helpful people and they will help you out.

2. If you did sign the 1043 and waivers and received your PPI payment, you have 2 years to claim worsening of condition. The WC carrier will probably have you go back to an evaluation to discuss what, if any, further medical treatment is needed.

Your best bet though is to speak with a Case Coordinator with the State. They'll help you understand your rights. Of course, you could also contact an Attorney but I would start with the State first. Seriously, they're very helpful!

 
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#5
this is an update on my case. I contacted the state board which requested an IME which was scheduled for 30 days late this was done 2 weeks ago and insurance company still has not paid for it so that i can get the results. so they have had more than 45 days to make the payment for something they agreed to but have not. i have retained an attorney but they are waiting on the state board to receive the IME report. so while i wait for the insurance company to get their crap together i am stuck with no money, no medical care, pain medication that is running out, and no real way to return to work. The workers comp system is so ridiculous.
 
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#6
the benefits from a permanent partial disability are not designed to replace working wages and won't be enough to live on.
unless one is determined to be 100% disabled with supporting medical opinions, they should be able to return to some gainful employment.

for additional benefits try unemployment or ssdi.

for help returning to work check out rehabilitation services: http://www.in.gov/fssa/ddrs/2636.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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#7
If you are unable to work, do not apply for unemployment.
If you do, you are stating that you are able and willing to work and they will nail you on that.
 
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#8
just to clarify:
disability has to be authorized by a physician. if you are permanently rated by a physician, then you are not temporarily disabled and are eligible for unemployment benefits.
we do not know about other conditions/disability; if present they may allow for ssdi benefits.


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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