Hawaii Worker's Compensation - Help For Injured Hawaii Workers

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  1. #1
    Join Date
    Sep 2008
    Posts
    15

    Unhappy Problems After Cervical Neck Fusion

    I had a cervical neck fusion done after a year off of work , after some complications where the donor bone was taken i ended up needing to have 2 more surgeries done to repair infection in my hip. what would compensation be for my injuries. I live in hawaii

  2. #2
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Help

    you should get temporary total disability while you've been off work recovering from the injury.
    once you've finished your recovery had a doctor has determined that your condition has reached maximum medical improvement you'll be eligible for permanent partial disability. The amount is based on the doctors rating of your disability. the higher the rating the more weeks of permanent disability you're entitled to.
    you can find out more from the state website
    http://hawaii.gov/labor/dcd/index.shtml

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Help

    You can find lots of information in the Hawaii FAQ's for IW's...http://hawaii.gov/labor/dcd/dcd-link...sked-questions

    Permanent Partial Disability (PPD)

    After you reach the point of stability or maximum medical recovery, you may be sent to a physician to evaluate the extent of your permanent impairment. The evaluation will be used to determine the amount of your PPD award. The PPD is an indemnity benefit and is payable even if you have returned to work.

    Disfigurement

    If an injury results in a permanent disfigurement, you may be entitled to additional compensation. Disfigurement includes scars, deformity, and discoloration. Laceration scars and surgical scars are reviewed six months from date of occurrence; however, burn scars are evaluated after one year. At the appropriate six-month or twelve-month timeframe, you may call this Division or on the neighbor-island, the Department of Labor and Industrial Relations District Office nearest you, to request your disfigurement be evaluated
    You may be eligible for additional benefits..(VR) as determined by the 'director' once you have been declared 'medically stable''...http://hawaii.gov/labor/dcd/PDF/wc/ch10-12_7-26-05.pdf, VR program information is here...http://hawaii.gov/labor/dcd/rule/12-14.pdf

    PPD/Permenant Partial Disability is paid as follows...
    Payment of compensation for permanent partial disability. Compensation for permanent partial disability shall be paid in weekly installments at the rate of sixty-six and two-thirds per cent of the worker's average weekly wage, subject to the limitations on weekly benefit rates prescribed in section 386-31.
    There are specific wage loss payments made for Scheduled Loss...
    386-32 Partial disability. (a) Permanent partial disability. Where a work injury causes permanent partial disability, the employer shall pay the injured worker compensation in an amount determined by multiplying the effective maximum weekly benefit rate prescribed in section 386-31 by the number of weeks specified for the disability as followssee the link provided here for the allowed benefits)
    http://www.capitol.hawaii.gov/hrscur..._0386-0032.htm

    There really isn't any way to pre determine what your ''award/settlement'' may be worth until you have been evaluated for a permeant impairment..WPI. But read through the statutes, there is additional information on what PPD benefits you may be entitled to.

  4. #4
    Join Date
    Sep 2008
    Posts
    15

    Default Re: Help

    about what is the award for a scar on the neck that is about 3 inches long? And when do they usually rate it and pay for it?

  5. #5
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Help

    there is no fixed amount for each scar; you'll have to have it examined, described and/or photographed and submitted for a rating to be assigned.

  6. #6
    Join Date
    Sep 2008
    Posts
    15

    Default Re: Problems After Cervical Neck Fusion

    Its been 4 months since the surgery and I am still feeling numbness in my fingers and alot of pain still in my lower neck and between my shoulder blades and at times a burning feeling in my left arm. Doctor said its just muscle pain but at times I doubt it. What could be causing these pains? My range of motion in my neck is still not 100%. Will start therapy soon but I am hoping it will not do more damage then good as I am already still feeling pain? Any good advise would greatly be apprecited.

  7. #7
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Problems After Cervical Neck Fusion

    If there was nerve impingment due a herniated or ruptured disk, it would be normal to continue to experience 'pain', maybe even to areas that didn't 'hurt' prior to your surgery.
    Anytime you disrupt the tissue in your body, you are going to experience 'discomfort' for awhile post op...4 months is not that long.

    Follow your doctors orders..if the PT you receive causes additional 'pain', there could be some less active routines your therapist could initiate.

    Surgery to correct a disk such as you had doesn't necessarily relieve you from all the pain...it could be done more to prevent additional damage to your spine rather than correct a problem.
    It would not be unusual to require additional surgical intervention down the line, it's not unusual for the disks above/below to experience some compression post op...

  8. #8
    Join Date
    Jun 2008
    Posts
    257

    Default Re: Problems After Cervical Neck Fusion

    pain in the neck, your surgeon should of explained to you prior to the fusion that most likely you will not have 100% ROM after fusion... ROM does vary depending on which discs where fused however and also how many.. as far as the burning in your arm after my surgery I felt so much better but now almost 1 year later I am having problems again but it is because of more herniations...But my surgeon was aware of those and took the chance that they wouldnt cause any problems later compared to the lose I am going to have to have by being fused from C3-T2... Also remember if you had nerve impingment which caused damage the nerves do need time to regenerate... and your muscles if you went a long time without any PT like myself atrophied so they could also be having major spasming....

    I do wish you luck... As for the scars I found that I bought a bunch of vitamin C capsules and used a pin to poke a hole in them and about every 2 hours kept putting it on my scars so now unless you really look you barley notice!!!!

  9. #9
    Join Date
    Sep 2008
    Posts
    15

    Default Re: Problems After Cervical Neck Fusion

    Is it common to have a choking feeling after having this kind of surgery done?
    I am experiencing this feeling quite often I even catch myself coughing really hard while I'm asleep which is really irritating. The PT said that he is going to try to break up the scar tissue by my esophogus which was probably caused from the surgery with some kind of exercise that he does on my throat, but I found that after he tried it , my throat seemed to be more irritated. Also he (PT) worked on my muscle between my shoulder blades (which felt alittle less stiff when I left the office) but that night and the day after boy did it really hurt. Weight limitation that I can carry without hurting myself seems to be about 10 lbs. PT says that he can get me back to work at a weight limitation of 50 lbs in about 1-2 months. IS it possible? Does this choking feeling ever go away? Please help !!!!!!!!!!!!

  10. #10
    Join Date
    Jun 2008
    Posts
    257

    Default Re: Problems After Cervical Neck Fusion

    yes the choking I think is normal? I have it... After my surgery all i ate was strawberry banana jello or cherry... and lozengers the lemons ones.... the coughing is not only irritating it hurts.... just like sneezing.. the jerking motion hurts my neck so bad even still...

    You should go to the ohio part and check out the thread look what I found posted by jojo pull up the link and after you do look under the code 722.0 its for herniated discs after surgery restrictions....Dont beat yourself up about not being able to lift anything because if I cant even use my right arm and it has been 1 year since my surgery... I can even move my fingers any more on my right hand anymore let alone even attempt to lift things... So try and be patient if the PT seems to be helping keep going you will feel worse for 24-48 hours after as always with PT....

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