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  1. #1
    Join Date
    Nov 2009
    Posts
    60

    Default What to Do when You Can't Return to Work

    I was injured at work last november 2009, multiple low back injured areas. I had back surgery a little more complicated than a decompression and ended up worse than pre surgery condition. I am not at MMI but told no matter what I will have restrictions that do not allow me to go back to work. I have/had a great job with a great benefits package and wage. What do you do, I dont feel I can work. Alot of medications and painful symptoms and my body feels like it is deteriorating-I am under 30
    THANK YOU

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

    Default Re: What to Do when You Cant Return to Work

    you have to have medical opinion to support disability benefits; it's not based on your opinion.
    if you have total disability you can apply for ssdi
    most likely you will have partial disability and will have to find lighter work.
    some states workers comp programs include vocational rehabilitation benefits.
    you should check out what your state has.

  3. #3
    Join Date
    Jul 2010
    Posts
    2

    Default Re: What to Do when You Cant Return to Work

    First thing you should do is to decide wisely if you still wanna continue working.
    Second ask for medical advice and don't compromise your health its much more important than anything else
    Last is don't lose hope. You can find another sources of income that fits in your condition today. Your body is your investment and without it you have no income so I'd rather save my body than to continue working with a deep danger ahead in you. Hope you get what I mean.

  4. #4
    Join Date
    May 2010
    Posts
    402

    Default Re: What to Do when You Cant Return to Work

    Wow, I had to do a double take, I could have written your post myself. I hurt my back 11/09 5 slipped disk and 2 herniated. I ended up having surgery a few months back. The restrictions on me have kept me out of work as well. Thank God for a good lawyer and TTD.first if you haven't obtained a lawyer do so. Workman Comp Insurance is cruel at best. They know not being able to work is hard on the mind of a person. They will play games, pressure your employer to play games, you might even find that your employer won't talk to you...saying they can't discuss it. Stay strong, and remember you did nothing wrong, you simply were doing your job. Accidents happen. We will both have to learn to deal with the hand life has delt us, but get someone legal on your side. Someone needs to represent your best interest, and that is lawyers and doctors, unfortunately it will not be your employer. Find a good hobby, and remember life is fun.

  5. #5
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    2,965

    Default Re: What to Do when You Cant Return to Work

    You need to get some competent legal advice, from a lawyer who preferably is Board Certified as a Specialist in Workers' Compensation Law in your state. Not all states have that, so you may have to do some research to find a good lawyer. There is a national organization of lawyers that represent workers, and the lawyers in it are all pretty good ones. They have a directory on their web site, www.WILG.org.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  6. #6
    Join Date
    Aug 2010
    Posts
    3

    Default Re: What to Do when You Can't Return to Work

    you did not state your occupation so its had to answer your question. However, if you did manual labor and you cannot go back to that job there are places you can go for retraining. I injured my back in 96 and my dr informed me of OVR (Office of Vocational Rehabilatation) and they paid for me to go back to school.

    The surgery worked for about 10 years now I have multiple problems but that may not be your case.

    Good Luck

  7. #7
    Join Date
    Nov 2009
    Posts
    60

    Default Re: What to Do when You Can't Return to Work

    I have read here, that if your injury prevents you from returning to your prior postion, that you are awarded 15% on top of your impairment rating? Does anyone have further information about what happens if you can not return to work?

    Thanks You

  8. #8
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: What to Do when You Can't Return to Work

    if you are unable to do any work you should apply for ssdi.
    if you are found by work comp to be permanently totally disabled from all work you will qualify for additional benefits.
    total disability has to be supported by medical opinion and the comp court finding.

  9. #9
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: What to Do when You Can't Return to Work

    Quote Quoting kahfamily1 View Post
    I have read here, that if your injury prevents you from returning to your prior postion, that you are awarded 15% on top of your impairment rating? Does anyone have further information about what happens if you can not return to work?

    Thanks You
    That may be a state specific issue/benefit.
    In Calif comp, if your ER cannot make a valid/reasonable offer to return to work, within 60 days of becoming MMI, your PD indemnity benefit could be increased by 15%, if you do return to work with the pre injury ER, that indemnity could be reduced by 15%.
    Haven't seen anything in Idaho WC rules that would have that 15% increase to your indemnity.

    In ID you may be eligible for VR services. Return to work issues are discussed here http://www.iic.idaho.gov/faqs/faqs_b..._benefits.html. You may be eligible for UC/unemployment benefits as well. Check with the Industrial Commission.

  10. #10
    Join Date
    Nov 2009
    Posts
    60

    Default Re: What to Do when You Can't Return to Work

    Thanks, im working with the industrial commission right now. My opinion I get from my experiences with them so far is yeah they can kinda help you answer some questions if you feel you have valid concern with the information you are being told by a provider or insurance-comp. They really seem like they are suppose to be a middle party that is recording your situation from the beginning to end and along the way remind you that returning you to work-is everyone's objective.

    An odd story about that one. I was seeing a neuro psych and wanted a copy of my reports being made by him, the person said no problem. So I asked the front desk lady for a copy of my reports. The person told me due to some nature of psych, they can refuse to give me a copy. So I called the industrial commission person-talked kinda like a lawyer for the industrial commission and the person said he looked up the law and said it was in favor of the neuro psych place if they wanted to release my info or not to me. Well my attorney said that was not right along with everyone else I spoke with-long story short I talked to the neuro doc and he said we could have another apt and then he would release them to me-odd system
    Then again I was seeing him for some time and wanted the recent copys again. He said no problem and I asked his front desk people for a copy. They told me and this is messed up - that since the comp insurance people are paying for my visits they have told the neuro psych people not to release the records to me and lady says you must be frustrated hu, but since they pay the bills, they call the shots - another long story short my attorney is doing whatever he does to request a copy instead of going along with that crap.-does everybody have these odd situations???

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