Ohio Worker's Compensation - Help For Injured Ohio Workers

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  1. #1
    Join Date
    Jun 2010
    Location
    north central ohio
    Posts
    19

    Default Settlement After Shoulder Surgery

    a little bit of history, I am 25 yrs old I had shoulder surgery on a rotator cuff tear about a year ago. My employer has had me on light duty ever since, my shoulder is not rehabbing at all it is not getting any better I have limited range of motion, zero strength and alot of pain in daily life. My employer is pushing to settle my claim and they want me to come up with a number for a severance on top of claim settlement. I need some advice on both of these, the claim settlement is for medical only and i am told since I dont have documentation stating I will need another surgery right away my claim is not worth much money. Im not looking to get rich I just want to be able to provide for my family while I finish college I should be able to be done in less than a year. They are also offering uncontested unemployment while I am off. I am very confused on what to do or what a reasonable number would be! sorry for the length I have alot of information and this is only part of it.

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

    Default Re: Settlement

    Who is advising you on this ?
    Have you consulted with an atty?
    There is no fee for consult, and a fee would be paid by order of judge, and taken from any indemnity due.

    Can't predict the dollars in a claim until you've reached MMI, and been rated for impairment/disability.

    Awards of indemnity are not based on the type of injury or the amount to type of medical care you have been provided.

    FMC/Future Medical Care money is a SWAG/Scientific Wild Ass Guess at best.
    Get a benefit print out from the CA, take the last 2 years of medical care you have received, and extrapolate that out based on your life expectancy. At age 25 you have 'til about 78 yrs in life expectancy, or about 53 yrs to go. Don't expect that kind of money to cash out the FMC.
    Surgery doesn't have to be emminent to be paid for in a settlement, but you won't be paid enough to cover the cost of any surgery to your shoulder... the IC pay to the contracted fee schedule IC enjoy, IW's pay usual and customary fees to Dr and hospitals... there is a big difference in those dollars.

    Your ER/IC is looking to cash you out on this claim... a C&R/Compromise and Release, lump payment for your consideration to drop the claim, assume liability for your treatment, out of your pocket, and never come back to claim additional benefits.
    Im not looking to get rich I just want to be able to provide for my family while I finish college I should be able to be done in less than a year.
    You need a rating from your Dr before calculating indemnity. A SWAG on medical care and consideration of any VR services you may be eligible for.

    There is no 'fair' dollar amount, you'll think you never got enough, the ER/IC will think they overpaid. That's the "compromise" part of a C&R.
    You really need to consult with a WC atty...

  3. #3
    Join Date
    Jun 2010
    Location
    north central ohio
    Posts
    19

    Default Re: Settlement

    I have been in conctact with my attny. I have a Dr. appt. in a couple of days and I am going to try to get him to put in his notes what steps will need to be taken so I can have a somewhat normal life without use of my arm. Many docs have said I will not be able to return to the line of work I am in and that I will more than likely never be without limitations and pain, and they also say since I am so young I will deffinatley need another surgery at some point. But none of these docs have put that in writing in there notes. So I am going to make sure this doctor does so. That can only help in the final payment I believe and so does my attny. I have my MCO looking into Vocational Rehab to see if that is a option before I settle anything. A decent pay off would be nice right now for my family but very unlikely I think. My employer I feel is forcing this on me telling me either do this or go work out of state for a year and be away from my two young kids and wife. That is not a option. Kind of a scary thing to have dumped on you, when you walk into a room with your CFO, HR person and president of the company, you know it cant be good news. hahahaha

    ---------- Post added at 09:57 AM ---------- Previous post was at 09:45 AM ----------

    let me rephrase that I am looking into the BVR not Vocational Rehab through the BWC. And by steps that will need to be taken for me to lead a somewhat normal life I mean more Physical Therapy or other surgeries.

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

    Default Re: Settlement

    Treatment in WC is not necessarily intended to return you to pre injury condition, or job function, or the same ER.
    Once you are stable, MMI, rated and released, your claim moves to some type of resolution.

    WC is about paying benefits where your ER is liable for the injury, not settlements.

    Sounds like you are looking for settlement cash that just isn't paid in WC claims.

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