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  1. #1
    Join Date
    Mar 2008
    Posts
    3

    Question How Long To Get A Settlement

    I feel bad for asking a stupid question after reading all the terrible injuries and experiences but I was just wondering how long it takes to get any kind of hearing/settlement after being released from the doctors care? My husband had both hands operated on for carpal tunnel a year ago and was released from the doctors care within a month but we have heard nothing more on any hearing or settlement. He did not even miss any work as they accomodated him to be able to go to work right away so is he still entitled to any settlement?
    Thanks

  2. #2
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,340

    Arrow Re: How Long To Get Any Settlement?

    He may be but, he will need a report from his doctor stating he is MMI and that there are no further medicals necessary. There is a rating guideline for what his surgery was and if you can get the information about it I can provide the proper guide so you can research it to see what he will be entitled to. Also, its good that he didn't loose anytime from work as that will work in his favor as he won't have to pay the employer back from lost time. For an example of how it works:

    Depending on the amount of money he makes a week, and the type of disability he has been classified at, will determine what his weekly benefit will be. Lets say it is $400.00 per week. Now lets say that his injuries which were surgically repaired, and rated by his doctor to be, a 25% lose of use. Lets say the guide states that for his injuries he entitled to 200 weeks of monetary compensation at the lose of use rate of 25%. This would then be calculated at this way 200 X 25% = 50 X $400 = $20,000.

    Remember, I am not an attorney but a injured worker who has shared most of what you and others have been going thru here and I believe that what I wrote is probably as accurate as can be. Of that $20K if there are monies to be paid back to the employer of the insurance company it will be taken from the $29K prior to you receiving it. Also, don't forget about and future medicals!!

    Good luck.

  3. #3
    Join Date
    Mar 2008
    Posts
    3

    Default Re: How Long To Get Any Settlement?

    Thank you Q Man for all the info. I will try to get all the other info from the doctor but does it normally take this long to hear from anyone about a hearing? Also, do they consider this two injuries or would it just be one, as he had both hands done. if you know.....or do you think the "20K" would be for both hands.....Thanks again for all your help

  4. #4
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,340

    Post Re: How Long To Get Any Settlement?

    No, each body part counts as one so two hands then two separate amounts for one settlement.
    Also, you are in NYS and yes it does take forever for a hearing. I think my first hearing took over a year to have.
    Do you have an attorney?
    You can call the WCB yourself and ascertain if you are scheduled for a hearing and they usually publish the hearing dates on the web site.
    Good luck.

  5. #5
    Join Date
    Apr 2007
    Location
    Cicero, NY
    Posts
    23

    Default Re: How Long To Get Any Settlement?

    MMI for scheduled injuries such as your husband's typically are established at least one year after the surgery date. This is in the WCB medical guidelines for physicians. So, if he has passed that one year mark, I would make an appointment with his doc and have him push the doc to issue an Scheduled Loss of Use percentage. sometimes doctors listen to their patients, sometimes they don't. Mine wanted to wait an extra 4-6 months beyond the year but he compromised and issued it at 14 months post surgery.

  6. #6
    Join Date
    Mar 2008
    Posts
    3

    Default Re: How Long To Get Any Settlement?

    Thanks Tbran and Q-man for all your info. I am trying to get all this together so we can move forward...Thanks again...

  7. #7
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,340

    Exclamation Re: How Long To Get Any Settlement?

    Click on this link for medical guidelines for the state of NY:
    **Note, these are currently being re-written to correspond with the new laws which recently took effect.**

    http://www.wcb.state.ny.us/content/m...pp/mdguide.pdf
    Last edited by Q-man; 03-28-2008 at 11:29 PM. Reason: sp

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