Tennessee Worker's Compensation - Help For Injured Tennessee Workers

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  1. #1
    Join Date
    Jul 2009
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    10

    Default How to Calculate %

    State of Tennessee
    I was given a rating of 3% to my right upper extremity,
    2% whole body.
    I thought the Doctor would use 400 weeks for "body as a whole" for shoulder injury but I don't think he did it that way. He said right arm, from shoulder to fingers.
    Can anyone please give me an idea, help me calculate the dollar amount?
    I don't think it's a lot and I need to know if I should hire a Lawyer.
    My benefits were $274.00 a week, how do I calculate that?
    Thank you in advance.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: How to Calculate %

    If your injury/body part was specific, and rated under the scheduled loss provisions you'd use that table.

    As the rating is to 'whole body', that is the 400 weeks.

    So, your award/indemnity is your rate/274 X 400 weeks X 3%, about $3288.00.

    Having an attorney may or may not increase your award. But you can also ask for assistance from the MIR

    Not all injuries result in a permanent impairment; however, Workers' Compensation specialists with the Tennessee Department of Labor and Workforce Development do provide, at no cost to the parties, informal Benefit Review Conferences to assist the parties in reaching a final agreement or settlement of the claim. Please complete a C-40B Request for Benefit Review Conference and submit it to the Workers' Compensation Division.

    What is the purpose of the MIR Registry?

    The sole purpose of the Medical Impairment Rating (MIR) Registry is to establish a resource to resolve disputes as to the degree of permanent medical impairment ratings given for injuries or occupational diseases to which the Tennessee Workers’ Compensation Act is applicable.
    http://www.state.tn.us/labor-wfd/wcfaq.html#B
    The amount could be increased by the potential SWAG of your future medical needs....Scientific Wild Ass Guess. Not an exact science... but some money may be available. That should be deposited in a seperate account and used ONLY for treatment to your injury though.

  3. #3
    Join Date
    Jul 2009
    Posts
    10

    Default Re: How to Calculate %

    Thanks for your reply, I had a feeling it was something puny.
    The Doctor made a comparison,
    he said ........if someone looses a finger, the rating might be 0
    however, if that someone is a pianist, with same loss of finger,
    that rating might be much higher because that person now can not play the piano. Well, in my situation, I am a CNA, been doing this for nearly 12 years.
    This is all I know and love. He gave me restrictions of 5 lbs max on my right arm, I still have nerve damage that no one can tell me if it'll improve over time or, can progress to something worse. I have a Lebral tear in my right shoulder and the Doctor says, it's not going to heal any more than it already has, I'm only about 50% better sine my injury.
    So how can my rating only be at 3%, when my dominent arm and shoulder are effected? I know they don't take pain into consideration but,
    how can someone go to work everyday with such pain and,
    how can I for instance, lift heavy patients at work with only one good arm?
    I can't even close the car door when I'm on the passenger's side, I have to reach for it with my left arm. I can't brush my hair unless I bring my head downwards (can't raise my arm up above my head). I'm having a difficult time taking a shower and brushing my teeth with my left hand, I'm right handed.
    There is no way I will settle for that puny amount!!!
    Can I sue my employer directly? I can prove it was negligence.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
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    Default Re: How to Calculate %

    While it's your arm/shoulder that was injured, the impairment/disability is how that affects your 'whole body' in your ability to compete in the open labor market. WC is not intended to return you to pre injury job, or ER necessarily. But to a stable condition where additonal treatment isn't likely to improve your condition, or would you worsen in the next 12 months.
    Being MMI doesn't mean you are not entitled to additional treatment though. And pain management is an option. So the fact you haven't completely ''healed'' isn't really the issue. If your ER can offer light duty, or alternative work, that would be good, and you'd remain with this ER.
    If not, then you'll have to look for other employment, and there may be additional benefits you are eligible for.

    No, you can't sue your ER for negligence.
    The WC system was set up as a trade off where the ER is exempt from legal action and EE/IW are to receive immediate treatment to the injury/illness, and wage loss benefits. A award if there is permenant disability/impairment due to the injury. With out the system, such as it is... treatment would be out of your pocket, no TTD benefits, and you could take years to get to court with no guarantee of a successful outcome or even reimbursement for your medical costs, or lost wages. Not necessarily a 'bad' trade, but the way the elected representatives have screwed up the system in favor of ER/IC is not in any fairness to the IW's at this point.

  5. #5
    Join Date
    Jul 2009
    Posts
    10

    Default Re: How to Calculate %

    So what's the difference between a pianist who can't use his finger to play a piano, and a nursing assistant who can't use her arm/shoulder??
    Why is there such a huge difference in impairement rating?
    It's basically the same ability to perform a job.

    Do you think that the Doctor just didn't take his time when figuring out my %?
    Or perhaps he was asked by wc to give the lowest rating?
    Thanks for your replies by the way, it really helps to talk to someone.
    I am getting very depressed over this, I already lost about $15000 by not working since January and I can't beleive they would only offer me 3%,
    which would be around $3200
    What about my future? My kids college?
    Doc gave me 5 lb max, I can't do the same work I used to,
    I can't even do house chores without propping my arm on a pillow every so often. Gravity hurts!!!

    One more question please.
    In the State of Tennessee..........
    do they offer school or some sort of re training for another career?
    Do they consider the fact that there is only one other nursing home in my area and they won't hire me due to my restrictions.
    Am I eligible for ss disability or un employement and if so,
    being injured and through workmans comp, does that speed things up?
    I guess that was more than one question, sorry.

  6. #6
    Join Date
    Apr 2007
    Location
    Tennessee
    Posts
    134

    Default Re: How to Calculate %

    Look to talk to an attorney(innitial consultation)is free so go talk to one It couldn't hurt.
    hl.....

  7. #7
    Join Date
    Jul 2009
    Location
    tennessee
    Posts
    26

    Default Re: How to Calculate %

    Quote Quoting chabella View Post
    so what's the difference between a pianist who can't use his finger to play a piano, and a nursing assistant who can't use her arm/shoulder??
    Why is there such a huge difference in impairement rating?
    It's basically the same ability to perform a job.

    Do you think that the doctor just didn't take his time when figuring out my %?
    Or perhaps he was asked by wc to give the lowest rating?
    Thanks for your replies by the way, it really helps to talk to someone.
    I am getting very depressed over this, i already lost about $15000 by not working since january and i can't beleive they would only offer me 3%,
    which would be around $3200
    what about my future? My kids college?
    Doc gave me 5 lb max, i can't do the same work i used to,
    i can't even do house chores without propping my arm on a pillow every so often. Gravity hurts!!!

    One more question please.
    In the state of tennessee..........
    Do they offer school or some sort of re training for another career?
    Do they consider the fact that there is only one other nursing home in my area and they won't hire me due to my restrictions.
    Am i eligible for ss disability or un employement and if so,
    being injured and through workmans comp, does that speed things up?
    I guess that was more than one question, sorry.
    hey there, i am getting ready to go through this...i have a friend that had her elbows operated on and she had a lawyer and got 75k. And she is also getting ready to go to college. I guess if you meet certain criteria they will send you....oh by the way i have injuries to both of my shoulders...
    In my prayers,
    specialk

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
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    Default Re: How to Calculate %

    So what's the difference between a pianist who can't use his finger to play a piano, and a nursing assistant who can't use her arm/shoulder??
    Why is there such a huge difference in impairement rating?
    It's basically the same ability to perform a job.
    In some cases the rating is to the body part injured....and others the rating is to the whole person.
    How the disability to the body part affects the whole person in the ability to compete in the open labor market.

    MEDICAL IMPAIRMENT RATING (MIR) REGISTRY PROGRAM FAQs
    http://www.state.tn.us/labor-wfd/wcfaq.html
    Do you think that the Doctor just didn't take his time when figuring out my %?
    Or perhaps he was asked by wc to give the lowest rating?
    The ER/IC would always seek the lowest rating...but the doctors are the ones who rate according to the guidelines adopted by the state. When you dispute the rating, you go to MIR for evaluation.

    I am getting very depressed over this, I already lost about $15000 by not working since January and I can't beleive they would only offer me 3%,
    which would be around $3200
    What about my future? My kids college?
    Doc gave me 5 lb max, I can't do the same work I used to,
    I can't even do house chores without propping my arm on a pillow every so often. Gravity hurts!!!
    There isn't money for the issues you are suffering...lost wages, or what you have lost by not working, nothing for lost wages in the future...those are PI/pers injury claim issues.
    These are part of the trade off... ER provides wage loss, treatment and indemnity due to PD, IW gives up the right to sue the ER.
    IF we could sue the ER for damages, we would be paying for treatment out of our pocket, it could take years to settle the claim through the courts, and there is no guarantee we would prevail, or be reimbursed for the money spent for treatment. There would be no weekly payments during this time... WC sucks sure, but certainly better than nothing.
    50-6-207. Schedule of compensation. http://www.state.tn.us/labor-wfd/Title50-6-101to801.htm, that link is the statute, maybe will help with how PD awards are paid.
    do they offer school or some sort of re training for another career?
    Do they consider the fact that there is only one other nursing home in my area and they won't hire me due to my restrictions.
    Talk to the CA about VR benefits. VR would be for job retraining if necessary, but not necessarily what jobs are available in your area.
    Am I eligible for ss disability or un employement and if so,
    being injured and through workmans comp, does that speed things up?
    SSA/SSDI is a completely different system of benefits, there is a much higher threashold for qualifying and being disabled due to a work injury would be but one consideration in your application.

    SSDI is awarded when you cannot perform ANY type of gainful employment for a period of 12 months or longer, or you die within that time period due to your disability. Info on SSDI is here http://www.allsup.com/about-ssdi/ssdi-process.aspx

  9. #9
    Join Date
    Aug 2009
    Posts
    4

    Default Re: How to Calculate %

    Is MIR docs fair or can work insurance talk them out of a fair rating to? I think they would be fair since they are emplyed by state. Even though everyone goes to ortopidest and gets the own rating the work tries to get a rating to favor them. That dont seem fair.

  10. #10
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: How to Calculate %

    --------------------------------------------------------------------------------
    Is MIR docs fair or can work insurance talk them out of a fair rating to?
    The problem you face in something being 'fair' is, Who is to make that determination...?
    If the IW receives a rating they find to low, they aren't happy.
    If the ER/IC finds the rating too high, they aren't happy... which one is ''fair''?
    And if you say the IW finds the rating fair...why? The ER/IC doesn't think so.

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