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  1. #1
    anonymous Guest

    Default

    While in Indianapolis a year ago for a work related training I fell and broke my leg and both ankles. The break in my leg was a spiral fraction and as a result I had to have an operation to have a metal rod inserted as well as pins in the ankle and the knee. Afterwards I had to have both legs in casts, the right one that was broken in a plaster cast the other in a removable cast. I was a social worker in a nursing home which was more than willing to accomodate my needs so I was sent back to work for 4 hrs/day within less than 3 weeks after my surgery.

    I was in a wheel chair and while everyone I worked for was terrific in helping out it was difficult at best. The nursing home where I worked was spread out over a large area and my office and the nurses station where I worked were clear on the other side of the building from one another. I showed up for work everyday and did everything I was suppose to.

    At this same time my husband was out of work due to being laid off. In August he got a contractual job out of state which we felt he had to take. I was still in a wheel chair but getting around some on crutches. I was still in a tremendous amout of pain and the dr was telling me no more pain killers. At the same time my right leg had not started to mend AT ALL. The dr kept talking about maybe taking out the pins in my ankle to allow contact and to stimulate bone growth but never did it.

    Since my husband had to go out of town and we had no family or friends who could help me out and I was very limited as to what I could do on my own I quit my job. I could not see working full time with that kind of pain, no pain management and having to live on my own with no help.

    I left with my husband and lived out of state temporarily. While away from home WC set me up with a local dr who also talked about taking the pins out but didn't. He also refused to help me out with pain management even though I was in horrible pain. At the same time the dr was telling me to put as much weight as possible on my broken leg; again no healing had taken place.

    We went back to Indiana where my case manager set up an appointment with my first dr. I called him and asked for some way to manage the pain. He refused saying I shouldn't have pain four months out from my accident. I asked WC for a second opinion as I would not be able to continue to live with things the way they were. WC set me up with another dr who examined me and confirmed that while I shouldn't be having that much pain I WAS and it should be managed. Not only that but that the pins should come out of my ankle as no healing had taken place. This was about the first week in October. Within a week he took the pins out and by the first of the year I was in pretty good shape. Not pain free but doing okay.

    I've had my functional capacity exam (?) and have been given a 6% impairment rating along with standing, walking and lifting restrictions. WC is wanting to settle. The initial offer was $10,000 but with a brief statement of the above to the adjuster she came up to $13,000. I have not given her an answer yet. Saw the dr one last time and he said it's as healed as it's going to get and yes there will always be some discomfort.

    I'm not looking to get anything I'm not entitled to but I do have concerns about how insurable I am in the future. The dr says the rod will never come out and the screws in my knee should be fine although there is a small chance they could cause a problem down the line. I also wonder if my quitting work due to the drs orders in August hurt me in any way as far as a settlement. I realize I should have said something at the time but the adjuster said that doesn't matter because what the dr says goes EVEN if a second opinion later said the pins should have come out several months earlier.

    Should I go a head and settle for $13,000? Given the current employment situation in the US I'm having problems finding work that doesn't involve standing such as in retail. Does anyone know if I'm entitled to voc rehabilitation to learn some new skills? I just don't want to sign until I'm fully informed of my rights. Any thoughts would be appreciated. Thanks in Advance. J

  2. #2
    moderator Guest

    Default

    Anonymous:

    Check out this web site and search around in it. hopefully it'll be able to give you some insight as to what your looking for.

    http://www.state.in.us/workcomp/index.html

    As for settling for $13,000. I'm afraid that that is a personal decision that only you and your husband can make. Money settlements vary from state to state, depending upon the injury. Some insurance carriers will only offer a settlement price, up to the total amount already paid for. For example, if all your bills come to $20,000, (this includes surgeries, follow-up exams, TTD benefits already paid, etc), then the insurance company will only offer a settlement of up to $20,000. (At least that's the way it's been explained to me here in Ohio).

    Other states may be dealt with differently.

    Keep the Faith

  3. #3
    noble19 Guest

    Default

    I work in construction and had a fall a year and a half ago that caused a torn shoulder, two herniated discs in the thoracic spine and persistant neck pain in the c-7 ligament. After several failed attempts to alleviate pain and misdiagnosis of my shoulder I was finally operated on six months after the injury. I found out a week ago that I may need additional surgery on my shoulder and also eminent surgery on my wrist for a torn cartilage and possible fractures that they seemed to have some how missed. I have been very depressed because I have worked the same job for 27 years and I don't know how much lower I can keep doing it. Also to add to the problem I have had lower back trouble for 20 years from my very physical job and the problem has escalated since this last injury over a year ago. I have DDD at every level of my lumbar spine and I am only 46. The doctor said it was not related to this accident but my back has went out more times since this occurence than ever before. Please if anyone can give me any insight I would appreciate it.

  4. #4
    Unregistered Guest

    Smile Re: Agreeing on a settlement

    GEA AN ATTORNEY!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! training I fell and broke my leg and both ankles. The break in my leg was a spiral fraction and as a result I had to have an operation to have a metal rod inserted as well as pins in the ankle and the knee. Afterwards I had to have both legs in casts, the right one that was broken in a plaster cast the other in a removable cast. I was a social worker in a nursing home which was more than willing to accomodate my needs so I was sent back to work for 4 hrs/day within less than 3 weeks after my surgery.

    I was in a wheel chair and while everyone I worked for was terrific in helping out it was difficult at best. The nursing home where I worked was spread out over a large area and my office and the nurses station where I worked were clear on the other side of the building from one another. I showed up for work everyday and did everything I was suppose to.

    At this same time my husband was out of work due to being laid off. In August he got a contractual job out of state which we felt he had to take. I was still in a wheel chair but getting around some on crutches. I was still in a tremendous amout of pain and the dr was telling me no more pain killers. At the same time my right leg had not started to mend AT ALL. The dr kept talking about maybe taking out the pins in my ankle to allow contact and to stimulate bone growth but never did it.

    Since my husband had to go out of town and we had no family or friends who could help me out and I was very limited as to what I could do on my own I quit my job. I could not see working full time with that kind of pain, no pain management and having to live on my own with no help.

    I left with my husband and lived out of state temporarily. While away from home WC set me up with a local dr who also talked about taking the pins out but didn't. He also refused to help me out with pain management even though I was in horrible pain. At the same time the dr was telling me to put as much weight as possible on my broken leg; again no healing had taken place.

    We went back to Indiana where my case manager set up an appointment with my first dr. I called him and asked for some way to manage the pain. He refused saying I shouldn't have pain four months out from my accident. I asked WC for a second opinion as I would not be able to continue to live with things the way they were. WC set me up with another dr who examined me and confirmed that while I shouldn't be having that much pain I WAS and it should be managed. Not only that but that the pins should come out of my ankle as no healing had taken place. This was about the first week in October. Within a week he took the pins out and by the first of the year I was in pretty good shape. Not pain free but doing okay.

    I've had my functional capacity exam (?) and have been given a 6% impairment rating along with standing, walking and lifting restrictions. WC is wanting to settle. The initial offer was $10,000 but with a brief statement of the above to the adjuster she came up to $13,000. I have not given her an answer yet. Saw the dr one last time and he said it's as healed as it's going to get and yes there will always be some discomfort.

    I'm not looking to get anything I'm not entitled to but I do have concerns about how insurable I am in the future. The dr says the rod will never come out and the screws in my knee should be fine although there is a small chance they could cause a problem down the line. I also wonder if my quitting work due to the drs orders in August hurt me in any way as far as a settlement. I realize I should have said something at the time but the adjuster said that doesn't matter because what the dr says goes EVEN if a second opinion later said the pins should have come out several months earlier.

    Should I go a head and settle for $13,000? Given the current employment situation in the US I'm having problems finding work that doesn't involve standing such as in retail. Does anyone know if I'm entitled to voc rehabilitation to learn some new skills? I just don't want to sign until I'm fully informed of my rights. Any thoughts would be appreciated. Thanks in Advance. J[/QUOTE]

  5. #5
    Join Date
    Nov 2006
    Posts
    33

    Question Re: Agreeing on a settlement

    not in same state but ,i would think 13,000.00 is not a lot of money for a settlement when you cant perform your normal duties.

  6. #6
    Unregistered Guest

    Default Re: Agreeing on a settlement

    I
    Quote Quoting anonymous View Post
    While in Indianapolis a year ago for a work related training I fell and broke my leg and both ankles. The break in my leg was a spiral fraction and as a result I had to have an operation to have a metal rod inserted as well as pins in the ankle and the knee. Afterwards I had to have both legs in casts, the right one that was broken in a plaster cast the other in a removable cast. I was a social worker in a nursing home which was more than willing to accomodate my needs so I was sent back to work for 4 hrs/day within less than 3 weeks after my surgery.

    I was in a wheel chair and while everyone I worked for was terrific in helping out it was difficult at best. The nursing home where I worked was spread out over a large area and my office and the nurses station where I worked were clear on the other side of the building from one another. I showed up for work everyday and did everything I was suppose to.

    At this same time my husband was out of work due to being laid off. In August he got a contractual job out of state which we felt he had to take. I was still in a wheel chair but getting around some on crutches. I was still in a tremendous amout of pain and the dr was telling me no more pain killers. At the same time my right leg had not started to mend AT ALL. The dr kept talking about maybe taking out the pins in my ankle to allow contact and to stimulate bone growth but never did it.

    Since my husband had to go out of town and we had no family or friends who could help me out and I was very limited as to what I could do on my own I quit my job. I could not see working full time with that kind of pain, no pain management and having to live on my own with no help.

    I left with my husband and lived out of state temporarily. While away from home WC set me up with a local dr who also talked about taking the pins out but didn't. He also refused to help me out with pain management even though I was in horrible pain. At the same time the dr was telling me to put as much weight as possible on my broken leg; again no healing had taken place.

    We went back to Indiana where my case manager set up an appointment with my first dr. I called him and asked for some way to manage the pain. He refused saying I shouldn't have pain four months out from my accident. I asked WC for a second opinion as I would not be able to continue to live with things the way they were. WC set me up with another dr who examined me and confirmed that while I shouldn't be having that much pain I WAS and it should be managed. Not only that but that the pins should come out of my ankle as no healing had taken place. This was about the first week in October. Within a week he took the pins out and by the first of the year I was in pretty good shape. Not pain free but doing okay.

    I've had my functional capacity exam (?) and have been given a 6% impairment rating along with standing, walking and lifting restrictions. WC is wanting to settle. The initial offer was $10,000 but with a brief statement of the above to the adjuster she came up to $13,000. I have not given her an answer yet. Saw the dr one last time and he said it's as healed as it's going to get and yes there will always be some discomfort.

    I'm not looking to get anything I'm not entitled to but I do have concerns about how insurable I am in the future. The dr says the rod will never come out and the screws in my knee should be fine although there is a small chance they could cause a problem down the line. I also wonder if my quitting work due to the drs orders in August hurt me in any way as far as a settlement. I realize I should have said something at the time but the adjuster said that doesn't matter because what the dr says goes EVEN if a second opinion later said the pins should have come out several months earlier.

    Should I go a head and settle for $13,000? Given the current employment situation in the US I'm having problems finding work that doesn't involve standing such as in retail. Does anyone know if I'm entitled to voc rehabilitation to learn some new skills? I just don't want to sign until I'm fully informed of my rights. Any thoughts would be appreciated. Thanks in Advance. J

    DO NOT I MEAN DO NOT>>>SETTLE YET...I AM HERE IN INDY FIGHTING MY CASE...I AM UNREPRESENTED..I HAD LAWYERS AND COULD NOT GET THEM TO GET ME A HEARING DATE FOR 4 YRS UNTIL I TOOK IT UPON MYSELF.THIS STATE HAS US SCREWED IN THE LOCAL COURT.REMEMEBER THE POSITIVE IS A NURSING HOME DOES NOT WANT YOU IN COURT THEY ARE A HIGH RISK BUSINESS.
    ITS YOUR CALL.BUT THERE IS NO WAY THAT AMOUNT IS FAIR IN ANY MEANS.YOU MUST LOOK AT WHAT YOUR PPI IS AND GET IT INCREASED.ALSO YOU NEED FUTURE MEDICAL.DO NOT SIGN OFF ON ANYTHING.TAKE THEM TO THE WALL.THE INDIANA LAW STATES IF YOU CAN NOT DO THE JOB EVER THAT YOU HAVE ALWAYS DONE AND YOU HAVE NO OTHER SKILLS YOU ARE PARTIAL PERM DISABLED AND THE EMPLOYERS CARRIER HAS TO COME TO SOME REASONABLE AMOUNT FOR YOU TO RELEASE THEM.
    YES YOU ALSO FIND OUT THE VOCATIONAL OFFICE NUMBER THROUGH THE WORK COMP BOARD OF INDIANA AND CALL THEM.YOU HAVE TO TAKE THIS UPON YOURSELF TO GO FOR VOCATIONAL.
    IF YOU FEEL YOU NEED THE MONEY NOW.TAKE IT BUT DO NOT SIGN OFF THAT YOU WILL NOT REOPEN IF YOU HAVE TO YOU CAN ALWAYS REOPEN IF YOU DO IT IN THE TIME PERIOD.GET ON THE INDIANA WORK COMP WEB SITE AND LOOK UP THE RULES ON THE INDIANA WEB SITE.















    READ OUR STATES COMP LAWS.THEN DECIDE.
    DID YOU ASK FOR A INDEPENDENT MEDICAL EXAIME FROM THE STATE?
    SINCE YOU QUIT YOUR JOB IT MAKES YOUR CASE STICKY.BETTER GET SOME ADVISE BUT DON T HIRE A LAWYER HE WILL TAKE EVERYTHING AND YOU GET A FEW THOUSAND.

    MESSED UP IN INDY

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