New Jersey Worker's Compensation - Help For Injured New Jersey Workers

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  1. #1
    Join Date
    May 2011
    Posts
    47

    Default What Happens After a Permanency Evaluation

    I have recently taken my FCE test and upon reading it, my surgeon informed me that I will not be able to return to work. That was on Nov. 7th. I have been scheduled for a permanency evaluation on the 30th. I am wondering what is the next part of the process. Thanks.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: What Next

    Quote Quoting Mango791 View Post
    I have recently taken my FCE test and upon reading it, my surgeon informed me that I will not be able to return to work. That was on Nov. 7th. I have been scheduled for a permanency evaluation on the 30th. I am wondering what is the next part of the process. Thanks.
    having a disability rating done and then having additional benefits awarded by the court and paid by the carrier.
    more here:
    http://lwd.dol.state.nj.us/labor/wc/wc_index.html

  3. #3
    Join Date
    May 2011
    Posts
    47

    Default Re: What Next

    But from what I've been reading, am I supposed to wait six months for my permanency eval?

  4. #4
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: What Next

    Quote Quoting Mango791 View Post
    But from what I've been reading, am I supposed to wait six months for my permanency eval?
    there is no set time for you to reach maximum medical improvement. different injuries and different patients recover at different rates.
    if you don't think you have completed your recovery by the time you see your doctor, discuss it with them and, if necessary, request a second opinion.

  5. #5
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    663

    Default Re: What Next

    Mango791
    I dont know much about your case but if this is expected to keep you out of work for at least 12 months you should sign up for SSDI Benefits.

    BUG

  6. #6
    Join Date
    May 2011
    Posts
    47

    Default Re: What Next

    My bad bugmann. I guess I should've given you more. I'm a truck driver. On Jan. 12, 2011, I had an accident stemming from that last big snowstorm we had on that night. I've had 2 surgeries and multiple injections on my neck/spine C5, C6, C7 spinal fusion. I must admit though, workers comp insurance has been GREAT. They worked closely with the surgeon and called me every week to see if I needed anything. And everything I asked for was granted. Never denied one single thing. Although I didn't need much. My second opinion was approved and they even transported me to and from the appt. After having my FCE done, my surgeon informed me that I would be unable to return to work basically stemming from complications from the surgeries. The first surgery, he removed a large chunk of bone from my hip. He literally hit a nerve and that resulted in nerve damage in my hip. The pain is down my leg to my feet. I can no longer sleep on my right side. The last time I did my wife thought I was having a seizure because my leg was shaking wildly due to the nerves. Unfortunately, the bone didn't fuse as planned, so after a year I went in for the second surgery. The reason for the surgery was the pain down the left arm. After the second go around, theain in the left arm is mostly gone. But now there is major pain on the right side of my neck, down my arm and into my fingers. According to the dr. there is nothing he can do to treat my pain, and I was only there for the pain in my left arm. He did send me for an EMG test which showed nerve damage from the surgery and since I walk with a cane now, carpal tunnel in my right hand. So basically, my whole right side is shot. And on top of that, if i sit too long, my back starts killing me. If i stand too long or walk too long, my right leg gives out. So now I go on the 30th for my permanency evaluation. I did file for social security through an attorney who actually works with my WC attorney. I filed last Dec. just waiting for a court date with the judge. I had a WC claim back in 2004 for my back, but I never missed a day of work through that claim. My attorney has said he's filing for a second injury fund, but this is all new to me. I've always worked and have never been out this long. And then to be told I will not be able to return to work is kinda crazy to me. That's why I was wondering what comes next. I figure I would get a straight answer from my peers.

  7. #7
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    663

    Default Re: What Next

    Mango791

    I understand exactly what you are saying with the sudden change in one's life. It is difficult to handle all the damage done when faced with a totally disabling injury at work. You mentioned the WC ins co was great, well lets just hope the greatness continues? The biggest problem I see is how long it takes to get covered under an other ins like SSDI after coverage terminates under WC rules.

    If you are successful with all your actions WC, SSDI, and 2nd injury fund, this is equivalent to what you were receiving while under WC but for the duration of total disability. When you add the total of SSDI SIF this should be your ACE as described by the Court.

    These are NOT easy tasks to complete as a lawyer!!! There is much going on behind the scene but if your lawyer is a specialist in work injury and your SS lawyer do they have a proven record of winning claims for the injured. I would at least check them out through the NJ BAR it will tell you how long they have been in practice, any disaplinaries and any fields of expertise.

    Hopefully you will not need to wait long for your SS case to be heard. It usually takes around 2 yrs and without WC benefits this is a long wait!!. I was surprised at how little I could live off in NJ !!!

    Take it one day at a time. Lets see how your ride turns out. Sometimes they go OK? We will see. In any event I and many others are here to help guide you.

    Good luck

    BUG

  8. #8
    Join Date
    May 2011
    Posts
    47

    Default Re: What Next

    So I have now completed everything. Funny thing was as you said earlier. The IC called and explained to me that my pain is permanent and I have to provide for my own meds from here on out. The day before my appointment. My scripts are well over $1000 and of course I can't afford them. I'm in pain and have no where to turn. Do you think after settlement they will pick back up on the meds? It was kind of sudden to just drop me a day before I go back to the dr. And with the IC acknowledging the fact of my pain being long term, what does that do for settlement in terms of the permanent disability my lawyer is pushing for? Look forward to hearing from you. You've been a great help.

  9. #9
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    663

    Default Re: What Next

    Mango,

    Absolutely not the WC ins carrier does not want to cover your palliative meds. You cant wait till settlement anyway for your care. You may still wait another year or two before this concludes. WHat you can do for your meds is contact the drug maker to get on their drug assistance program. In most cases you will get free meds or up to 99% discount. Send me a private message if you want more options or need help in getting drug assistance. This is one of the easier assistance plans to get on. Also you can get FREE medical care by signing up at your local township municipal BLDG. , for Township Medical assistance, you may also be eligible for cash assistance it will not be much ( a few hundred a month but it helps when there is nothing!! Its called township assistance. This will get your Drs paid and possibly put a few bucks in pocket each month. The only other coverage you need is Charity Care and you may get this at your local Hospital. If the nearest hospital doesn't have it call the next nearest as some smaller hospital may not have this or have a more limit program. It is good for 6 months of free hospital services then you must reapply.

    I have been faced with these EXACT SAME problems when I was in NJ. I am sure if this doesn't help I am sure we can find you help via PM.

    The fact that your pain is long term has some to do with your settlement as your pain is what limits your ability to work. Getting dropped day before Dr app. has nothing to do with your settlement.

    You may want to ask if your lawyer is seeking second injury fund benefits for you, as well as SSDI/SSI benefits

    Good luck and call if you need anything

    Would you like to read helpful article on getting SS due to pain. Also 15 mistakes you must avoid when filing for disability is a must read, as is winning your case based on chronic pain. Once you made the mistake you can not unring the bell!!!

    BUG

  10. #10
    Join Date
    May 2011
    Posts
    47

    Default Re: What Next

    Sorry to bother you on this beautiful Easter Sunday, but as we are awaiting a settlement date, my private doctor has discovered a problem in my hip where they removed the bone for the first surgery. So do I go to my lawyer and let them know or should I let my private dr. handle it? He says I should see an ortho dr right away.

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