Kentucky Worker's Compensation - Help For Injured Kentucky Workers

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  1. #1
    Join Date
    May 2011
    Posts
    3

    Default Settlement Without Lost Wages

    I hurt my neck at work and have had 2 surgeries to fuse and put in a plate. My Dr. said the discs above and below the fuse would be weakened because of this. I settled a workers comp claim about 10 years ago and was awarded lifetime medical, but not lost wages. I went back to my job with muliple restrictions, which I have followed, but because of my rough work conditions, another disc is now bad and I will need another surgery. My Dr. wants me on disability. My work said since it is a work injury they are not required to pay me disability. Workers comp says my settlement doesn't include lost wages so no help there either. Would this be considered a new injury ? Are there any disability benefit options for me?
    Last edited by kygirl; 05-27-2011 at 01:57 PM.

  2. #2
    Join Date
    Jan 2010
    Location
    Pennsylvania
    Posts
    609

    Default Re: Settlement Without Lost Wages

    you really need to speak to an Attorney on this one... but IMO since the other disc is now bad....I would not be hestitant to say it was a new injury. So I would at least attempt to file a new claim (so you don't run out of time to do so). If this disc was not a part of the original injury... then I would say file a new claim and make sure you notify this employer.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Settlement Without Lost Wages

    Since you did return to work, you should file a new claim with your ER.
    Aggreviation to a prior injury would generally be a compensable claim.

    There are no "lost wages" in WC. You are due TD/Temporary Disabilty indemnity benefits when the Dr certifies disability is present.
    File for the new claim...let them duke it out on whether to cover treatment under the future medical award, or reopen the prior/old claim.
    And in the meantime, you should consult with a WC atty.

  4. #4
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,928

    Default Re: Settlement Without Lost Wages

    Kygirl that certainly sounds like a new injury to me as explorer has told you. Also as advised by explorer I too highly suggest you file this as a new injury. Doing so will NOT allow them to with hold disability, "lost wage benefits", payments just like if you had broken your leg. It would be a new injury and all WC laws in effect at the time of the new injury would have to be followed.

    Where your doctor wants you off work to treat and or relief for the effects of this "new injury" you certainly are entitled to wage replacement, medical, and any additional perm., partial disability payments due. Don't let your ER jerk you around with this, please.

    If you have not already you need to talk to several WC attorneys in your area and get the one you feel is going to best serve you on board and the sooner you do that the better.

    Please keep us updated as to how things are going for you. Good luck.
    Last edited by SteelMagnolia; 05-28-2011 at 04:50 PM.
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  5. #5
    Join Date
    May 2011
    Posts
    3

    Default Re: Settlement Without Lost Wages

    Thank you all for your advice. WC is putting it as part of the original injury. I am planning a consult with a lawyer that others have used and said is really good with this type of thing.
    I will keep you all updated. This forum has been very useful, and I thank everyone who takes the time to post to it.
    Last edited by kygirl; 05-29-2011 at 06:09 AM.

  6. #6
    Join Date
    Jul 2010
    Posts
    49

    Default Re: Settlement Without Lost Wages

    I know for a fact you can not go wrong with the advice you just received. I Had two discs removed from my neck in 2007. Had the fusion surgery. My case is still going. The similarity that I have with yours is I injured my neck in 2002 (strained cervical spine). I had to continue to work while going to physical therapy and taking medication because there was just nobody else trained to do the job I did at the time. When I reinjured it in 2005. Same injury, but the second time I had a lot of complications concerning my mental and physical health and they layed me off after I trained somebody else to do my job. After the surgery, the AME reevaluated it as two seperate injuries with two aportionments and % of disability. This increased my PD benefits. They redeposed the AME and also had a panel Psychiatric QME evaluation for the depression. There is alot more, but I want to address your question.... My injury is from repetitious motion from the job I did. Like many of the IW's, this injury has completely altered my whole life, mentally and physically. So, talk to your attorney.

  7. #7
    Join Date
    May 2011
    Posts
    3

    Default Re: Settlement Without Lost Wages

    I know what you mean. The mental aspect of it is life altering also. It works on your mind not being able to do anything you used to do. Even the simplest things people take for granted are painful or restricted. Repetitive movement is also a contributing factor on mine. I'm in a control room and have to watch out the right window the whole shift to watch whats going on and it's not easy to do with your neck already screwed together !! The lawyer I am going to see is the same one who did my settlement so he's familiar with my case. Just have to wait for the holiday to be over to get in touch with him. I appreciate your advice !

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