Posts: 5
Threads: 1
Joined: Mar 2009
I'm totally new on this site. On 04/14/04 I was in an elevator that dropped out from under me. I was at work as a civilian contractor on an Air Force Base in Nebraska. I had a badly fractured femur. The bone stuck out & the Knee was totally destroyed. They were going to amputate my leg but managed to save it. I returned to work way too early. I'm old fashion I guess, but I still haven't contacted a lawyer. I really don't want to sue anyone. WC stopped paying me the $333.33 per week check when I returned to work. Last month WC sent me a check For a little over $43,000. They said this is what's owed to me. I figured the $333.33 x the number of Weeks since they stopped paying me after returning to work and it comes out exactly to the $43,000 number. The WC Case Worker said that the amount she gave me was at an estimated 65% PPD and would be adjusted after I reached MMI. I'm just about to reach MMI. The Dr. said I will be at 50% Permenant Partial Disability. What happens next? The WC Claims Lady wouldn't tell me. She was very evasive. Is the $43,000 all I'm going to get? My injured leg is now 2" shorter than the other leg. There was only one Dr. who would even attempt to do a total Knee Replacement on me. I now have their fake knee complete with hardware going from my hip to my ankle. The Doc says amputation of the leg will proably have to be done when this Knee wears out. I haven't signed any papers from anybody. Is this the end of all of this or is there more to it?
Posts: 14,806
Threads: 851
Joined: Apr 2007
ok Workmans comp does not pay for pain and suffering......if they paid you an estimated 65% PPD and the doc gives you only 50% they are gonna want money back......you need a lawyer to get all the ppd straight and future medical taken care of.you are not sueing anyone...you are taking care of your future....a first visit is normally free with a certified WC lawyer but if you sign away all rights and you do need more work on your leg later YOU will have to pay for it not WC...you need someone who understands the legal ins and outs of this mess
........I love cats, I just cant eat a whole one by myself......
Posts: 2,589
Threads: 47
Joined: Apr 2007
03-27-2009, 09:00 AM
(This post was last modified: 03-27-2009, 09:02 AM by Lilly.)
Hi,
It sounds like you had a horriffic accident and injury!
Get a certified WC lawyer pronto! Call around, or ask friends who may already know a really good one. You have an injury that is going to effect the rest of your born days, and possible surgery (or loss of limb) in the future....what will you do then? Your regular insurance will not pick up this bill...as it was a prior work injury w/ WC involved. IMO...this is WC/IC's responsibility. They aren't giving you anywhere near enough money to cover your future! Just the shortened limb alone could effect your back, opposite leg, etc. etc. down the road...you want to CYA.
Good Luck hayshaker, and welcome to the forum. Lilly
Injured worker, & tired of it all! I'm too old for games!!
A careless word may kindle strife, a cruel word may wreck a life, a timely word may level stress, and a loving word may heal and bless!
Posts: 5
Threads: 1
Joined: Mar 2009
Lilly Wrote:Hi,
It sounds like you had a horriffic accident and injury!
Get a certified WC lawyer pronto! Call around, or ask friends who may already know a really good one. You have an injury that is going to effect the rest of your born days, and possible surgery (or loss of limb) in the future....what will you do then? Your regular insurance will not pick up this bill...as it was a prior work injury w/ WC involved. IMO...this is WC/IC's responsibility. They aren't giving you anywhere near enough money to cover your future! Just the shortened limb alone could effect your back, opposite leg, etc. etc. down the road...you want to CYA.
Good Luck hayshaker, and welcome to the forum. Lilly
Posts: 5
Threads: 1
Joined: Mar 2009
I hope I didn't make a mistake cashing that check! I didn't see anything on it or the paperwork that said I would be giving up my rights. I'm just a farm kid from Iowa. When I got hurt I got over it and kept working. This WC / legal stuff is something new to me. Almost 5 Years down the road since the accident, my back, etc. is already killing me. I'm still under medical care and am allowed to have 1 shoe lift done per year. So far I haven't had to pay anything out of pocket.
Posts: 10,801
Threads: 97
Joined: Apr 2007
03-27-2009, 11:53 AM
(This post was last modified: 03-27-2009, 11:55 AM by 1171.)
sounds like there will be an overpayment.
you'll probably end up having to discuss some type of repayment plan.
that won't happen until there is a final determination of your permanent disability benefit.
it can be difficult to find an atty experienced in federal comp law especially defense base act coverage.
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.
Posts: 5
Threads: 1
Joined: Mar 2009
1171 Wrote:sounds like there will be an overpayment.
you'll probably end up having to discuss some type of repayment plan.
that won't happen until there is a final determination of your permanent disability benefit.
it can be difficult to find an atty experienced in federal comp law especially defense base act coverage.
Posts: 5
Threads: 1
Joined: Mar 2009
1171 Wrote:sounds like there will be an overpayment.
you'll probably end up having to discuss some type of repayment plan.
that won't happen until there is a final determination of your permanent disability benefit.
it can be difficult to find an atty experienced in federal comp law especially defense base act coverage.
I thought I would have to sign some papers or something before any settlement could be paid out. Something like giving up my rights to future medical treatment, etc.
Posts: 2,589
Threads: 47
Joined: Apr 2007
If you haven't signed anything about a settlement or agreed to giving up future medical....you should be alright. This is why you should at least talk to an attorney, so you can cover your own butt. Remember...WC has many lawyers on their side! You want to play the game on even ground!!
A lawyer may want to send you to a different doctor for a different rating....1171 knows what he's talking about...it may be difficult....but I doubt impossible to find someone to take your case. Your'es is going to be different, simply because it's gov. Airforce.
Take care, Lilly
Injured worker, & tired of it all! I'm too old for games!!
A careless word may kindle strife, a cruel word may wreck a life, a timely word may level stress, and a loving word may heal and bless!
