Alabama Worker's Compensation - Help For Injured Alabama Workers

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  1. #1
    Join Date
    Mar 2011
    Posts
    16

    Default Looking for Honest Answer About Time Frame and Settlement Amt

    My husband had fusion in neck due to injury @ work. Has lil nerve damage in arm & can't look up or down very well w/out pain. He climbs for a living & looks like he will be unable to do that anymore. He isn't completely disabled. He just isn't mobile enough for his occupation.
    Attorney is on it already, but he hasn't been released from doc. From the time he is released from doc & PT, how long will it take to settle & be able to move on?
    Will the fact that his education limits him on job opportunities be taken in account when it is settlement time?

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

    Default Re: Looking for Honest Answer About Time Frame and Settlement Amt

    ....how long will it take to settle & be able to move on?
    There is no specific answer to your question.
    Once he has been released from the Dr to return to work, or MMI has been reached...he will be rated for PD. Unless he is rated at 100% PTD/Permenant Total Disabled, the benefits are limited to a max of 300 weeks at the weekly rate he is currently receiving as TTD.
    Those 300 weeks are subject to proportional loss...ie, the % rating, X 300 weeks.
    There is no guarantee of a cash settlement to close the claim.

    WC is all about paying weekly benefits and medical care. Not cash settlements.
    Section 25-5-56
    Settlements between parties.
    http://alisondb.legislature.state.al...5-56.htm...the parties can negotiate settlement at any time. The docs will be reviewed by a comp court judge, and approved, or not.
    Will the fact that his education limits him on job opportunities be taken in account when it is settlement time?
    PD indemnity is based on his % of loss, or impairment once MMI. The code "recommends use of the AMA 4th edition" for rating impairment/disability. Dr will evaluate, and rate. There may be VR services offered if he cannot return to his preinjury employment.

    Your atty is the best source of info on this claim... s/he knows the laws and how they will be applicable to your husbands injury and claim resolution.

  3. #3
    Join Date
    Mar 2011
    Posts
    16

    Default Re: Looking for Honest Answer About Time Frame and Settlement Amt

    Thank you! I know I should ask our atty, but I seem to go blank when I see him!
    If it is determined that he is unable to resume his position w/ his employer, how long will he have to wait before looking for another job? He is our sole provider & he is worried that he isn't going to find anything & wants to start looking as soon as possible.

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

    Default Re: Looking for Honest Answer About Time Frame and Settlement Amt

    He can go to work any time he finds a job within his restrictions...there is no wait time...tomorrow if he likes.
    Start looking today...

    Get a yellow legal pad, when questions come to mind...take the pad with you to the attys office when you meet.

  5. #5
    Join Date
    Mar 2011
    Posts
    16

    Default Re: Looking for Honest Answer About Time Frame and Settlement Amt

    Thank you for your help! At this point, all help is appreciated!

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