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  1. #1
    Join Date
    May 2009
    Location
    Ohio
    Posts
    3

    Exclamation Can I Get a Lump-Sum Settlement

    I would like to start off by saying that I am a Correctional Officer in Ohio and I make 16.72 an hour. I was injured Restraining an inmate in 02-06-09. My injury was video taped, and filled all the proper documentation that day for a workers comp claim.
    I herniated 2 disks with 1 other bulging disks ready to herniate with severe nerve pain shooting down my right leg causing my right foot to go numb. I had an MRI done later that month that showed 2 severe herniated disks and 1 bulging. I am currently on OIL which is Occupational Injury leave and I get that for 6 months and then Workers Comp takes over.

    Soon after my MRI, I had my first emergency room visit due to unbearable nerve pain through my lower back down my right leg. I am on so much pain medicine it's unbelievable and I am unable to sleep, walk or sit due to horrible pain. This has been extremely hard on me and my family. Since my injury I have been off work and my injury has worsened traumatically with a total of 3 (so far) emergency room visits due to unbearable back/and nerve pain. Workers Comp has not yet given me any treatment for my condition but to talk with surgeons and it has been 4 months now.

    The surgeon stated that my nerve pain is permanent and surgery wont correct it but could possibly fix the herniated disks. He then sent me to see a a different doctor within his practice who does epidural injections and he had stated that if workers comp would have treated me with physical therapy within the first couple month I would never had been a surgical candidate. He wanted to try Injections but shorty after me meeting with him I had a emergency room visit and when I notified my regular workers comp doctor about it they said my condition is getting so bad that they want to request surgery.

    So at this time I hired an attorney and my attorney told me my claim only had 1 herniated disk with Lumbar Radiculopathy. When my MRI showed there is CLEARLY 2 herniated disks and 1 bulging pointed out by two doctors one being a neurosurgeon. So he has told me he is going to get that second disk added when it should have been on there in the first place.

    My condition is continually getting worse because of lack of treatment. My doctors now are pushing surgery because I am beyond any other treatment. Workers Comp has been delaying everything for me and while I wait for treatment I have gotten severely worse to where I have to walk with a walker. I have severe and permanent nerve damage through my right leg (radiculopathy) and a big part of my foot has lost feeling along with 2 herniated disks. Now I am awaiting approval to do surgery on my back.

    I meet with my attorney in two weeks but could someone please tell me how much I can be awarded for my claim??? I don't know what I can expect to get out of this??

  2. #2
    Join Date
    Jan 2009
    Posts
    82

    Default Re: Can I Get a Lump-Sum Settlement

    Sounds like you will not be returning to work of this or any kind for quite some time if ever.
    You can expect temp. total comp. (which is about 3/4 of what you total income was BEFORE taxes) while recovering and then once you have seen all the improvement you can be medically expected to see your temp. total will stop and you will be looking at a few options.
    Here are just some:
    If you can work but not at what you were doing before you could get into a vocational rehab program. If you can get a job but it pays less then you were making before there are programs the BWC has that can make some of that shortage up for a while. If you will not be able to work again once they say you are MMI (maximum medical improvement) you will have to apply for perm. total comp. What you need to know about that is that there is a 6 to 9 month period between you temp. stopping and your hearing about Perm. so you will have no income. If that is even a possibility please file for social security disability NOW!!
    It takes a long time to get it and at least if you have it coming in while your waiting it can make all the difference.
    Please read my posts about appling for PT and what I wish I had known before.
    Good luck

  3. #3
    Join Date
    May 2009
    Location
    Ohio
    Posts
    3

    Default Re: Can I Get a Lump-Sum Settlement

    Thanks for the reply, What i'm concerned about is that, I am only 24 years old and had great job opportunities in the very near future in law enforcement and that are pretty much down the tubes now from this injury. I have a family to support (Myself, wife and my 6 month old son) and I don't know what career i can pursue to sufficiently support my family?

    My brother in-law worked 1 year construction and had a work injury and had a few broken bones and he received 75k from the same lawyer I have hired. I have no doubt that workers comp has paid out at least 10-15k from the last 4 months from my injury (3 emergency room visits, doc appoints, and meds) What determines how much I can receive? 3/4 of my last years income is not nearly enough to start a whole different career to support my family. Am I able to be compensated for pain and suffering, loss of movement (almost crippling) and emotional issues due to this injury? What can I do?

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Can I Get a Lump-Sum Settlement

    What determines how much I can receive? 3/4 of my last years income is not nearly enough to start a whole different career to support my family. Am I able to be compensated for pain and suffering, loss of movement (almost crippling) and emotional issues due to this injury? What can I do?
    No... WC does not provide money for pain and suffering, or lost wages, or punitive damages due to a work related injury.

    Your 'award' or settlement is going to be based on your physical condition, ability to compete in the open labor market, and impairment due to the injury.

    You should actually read everything you can on WC in OH, and get a clear understanding of what comp actually offers, go here...http://www.ohiobwc.com/worker/default.asp and follow the links to FAQ's that will help with your concerns.

    Try not to compare what other IW receive in a settlement to their claims... those have little/no affect on the resolution to you claim.

  5. #5
    Join Date
    May 2009
    Location
    Ohio
    Posts
    3

    Default Re: Can I Get a Lump-Sum Settlement

    So my settlement claim will be based on the condition I will be in after a surgery? If I still have severe nerve pain and it's difficult for me to walk because of my injury and lack of motion due to my back surgery will come into factor in my settlement?

  6. #6
    Join Date
    Oct 2013
    Location
    CENTRAL OHIO
    Posts
    1

    Default Re: Can I Get a Lump-Sum Settlement

    I am new to this Forum, but I have had a lot of experience dealing with BWC. What is your status now? I see that your posts are several years old..

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