Utah Worker's Compensation - Help For Injured Utah Workers

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  1. #1
    Join Date
    Dec 2011
    Posts
    3

    Default Traumatic Brain Injury and Workers Comp

    I will try to be brief. I was injured over a year it is a tramatic brain injury. I have an open workers comp claim. I a
    have reached mmi and have also went in for an impairment rating The WC insurance is waiting for the % the Dr told me it would be around 9 or 10%. He said that the rating system was incredibly unfair for head injuries but thats what it was. I also had only heard rumors of settlements he was the first to confirm this, he said some lawyers could find drs that might get that rating a little higher but his have never been thrown out. I feel pretty good about him..... but i could be incredibly wrong ( i do have a tbi) lol

    I spent 9 months out of work went back to work at a job just like the one i had but was let go due to not being able to preform. I do believe i have some memory things and a some slower cognigtive ability but the biggest thing is now with out medication im severly depressed (sucidial) and have severe anxiety all new i also have almost daily headaches and a pretty major personality shift.

    Everything else is pretty staight forward except the person i was working for (i also had had my own business) i owed and ,000 dollars to on a bad business deal and i was paying him back with every dollar i made he got one my actual wage would of been closer to 25 to 30 but to make things simple the secretary was cutting my checks at 10.00 and hour my last check was for like 180 hours having paid him 1800 first so that would be like 360 hours not posible. anyways hes my buddy and knows he/we might need to do something but if it will make a big difference in the settlement and other stuff we need to fix it.(lol obviously i was almost paid up when i got hurt to for him to be that nice huh)

    K so this late in the game do i need a lawyer. What should i look for what should i do when they send me my little agreement with the impairment thing all this stuff....
    I know i should of been up on this more but to be honest i have been barely holding on to daily stuff let alone all of this. Its pretty overwheming.

    Oh and im 30 married with 2 kids and now i work in a warehouse shipping dept for i think about 9 dollars an hour i am seriously unsure if i could do my old job and am almost certain i couldnt at least in my present state be self employed again.

    Thanks in advance for any advice.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Help. or Do I

    Information on WC in Utah is here http://laborcommission.utah.gov/Empl...ml#WorkersComp


    UT uses a scheduled loss formual in compensating for body part injuries... for TBI's, it would be 'unscheduled' or whole person impairment. The max weeks indemnity benefits paid is 312. A 10% rating would result in 66.66% of your state average weekly wage, or TTD benefit for 31 weeks. There is no compensation for your self employment wages, or loss of self employment ability.
    http://le.utah.gov/~code/TITLE34A/htm/34A02_041200.htm (6) (a) For any permanent impairment caused by an industrial accident that is not otherwise provided for in the schedule of losses in this section, permanent partial disability compensation shall be awarded by the commission based on the medical evidence.
    (b) Compensation for any impairment described in Subsection (6)(a) shall, as closely as possible, be proportionate to the specific losses in the schedule set forth in this section.
    (c) Permanent partial disability compensation may not:
    (i) exceed 312 weeks, which shall be considered the period of compensation for permanent total loss of bodily function; and
    (ii) be paid for any permanent impairment that existed prior to an industrial accident.
    (7) The amounts specified in this section are all subject to the limitations as to the
    maximum weekly amount payable as specified in this section, and in no event shall more than a maximum of 66-2/3% of the state average weekly wage at the time of the injury for a total of 312 weeks in compensation be required to be paid.

    UT WC statutes are here http://www.le.utah.gov/~code/TITLE34A/34A02.htm

    As you are unfamiliar with the WC process... and/or litigating the claim, it would be in your best interests to consult with a WC attorney... whether you retain counsel or not, you would be advised on the merits of your claim.
    I spent 9 months out of work went back to work at a job just like the one i had but was let go due to not being able to preform.
    You may be eligible for additional benefits as your employER could not accommodate your restrictions or ability to perform a job available to you.

  3. #3
    Join Date
    Dec 2011
    Posts
    3

    Default Re: Help. or Do I

    Seriously? And likely for the 10 an hr like 8 grand I go from being able to make 25 to 30 an hr to struggling to make 9 barely hanging on to life at home and u get a check for 8 grand..... You think with my documented mental history as a result of tbi a suicide could result in a loss of life settlement for my family. And don't worry I'm not going to do any thing just wondering

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Help. or Do I

    You think with my documented mental history as a result of tbi a suicide could result in a loss of life settlement for my family. And don't worry I'm not going to do any thing just wondering
    I'm sorry for your situation...however, WC is a Constitutional mandate...by state. The benefits are pre determined, as enacted by the state legislature.
    Seriously? And likely for the 10 an hr like 8 grand I go from being able to make 25 to 30 an hr to struggling to make 9 barely hanging on to life at home and u get a check for 8 grand.....
    There is no compensation for the items you would like to see cash for....

    IW's are entitled to treatment to a point of stability, and on going care based on medical necessity. That's pretty much it.
    Indemnity benefits are based on % of PD or impairment. Once those benefits are paid out... that leaves medical open.
    If you cash out a claim...including medical care...you are also agreeing to accept liability, out of your pocket for additional medical treatment.

    WC is a benefit deleiver system, it's only about your ER liability for the injury...not future wage loss... or past wage loss...or your abillity to become self employed. Only the injury, and resulting PD due to this injury.

    You need to discuss your options, and merits of your claim with a competant WC attorney. Don't wait on this... there may be sensitive time frames or you could lose valuable opportunity to appeal any adverse decisions in your claim.

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