Results 1 to 6 of 6
  1. #1
    Join Date
    Nov 2007
    Posts
    62

    Default When It's All Over?

    I was just wondering about my injuries and when it comes time to settle? here is a list of my injuries from the beginning
    severe tendonitis in the left wrist,carpal tunnel syndrome in the left forearm,intersection syndrome in the left shoulder and hand,ulnar neuropathy at the sensory nerve in my left wrist and forearm.
    cervical radiculopathy,disc herniations C5-C6,C6-C7,C7-T1 in spine
    articular surface tear of the distal supraspinatus tendon without retraction,subacromail bursitis,tear of anterior labrum and intersection syndrome in the left shoulder.

    I have had two of the three herniated discs operated on where they've removed discs and did a bone graft and fusion. I have had no other surgeries as of yet and was wondering if all these injuries somehow clear up or I get better because of the back surgery will I still be entitled to a settlement? I still have a slight herniation in C7-T1. They did not operate on that disc and it is still slightly herniated and this is not the way it was before the injury. There has been some question of the pain in my wrist was due to the herniated discs and that the back surgery would have taken care of that, we are not at that stage yet where we know for sure but I was just wondering. I am not sure if the bursitis and arthritis in my shoulder will ever go away. My state is listed in the upper right hand of my post. Thanks for any help.

  2. #2
    Join Date
    Nov 2007
    Posts
    62

    Default Re: When It's All Over?

    forgot to mention I have 2 scars from the surgery that are each 2 inches long,1 in my neck and the other just above my waistline on the right side of my stomach.I would think these are permanent.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,941

    Default Re: When It's All Over?

    WC laws are state specific, and how Permenant Disabilities and the associated benefits are handled differently.

    As you have described your injury/treatment, it would appear that you WILL have some resultant PD from this, which would provide for some settlement monies...you'll have to investigate this on your state web site to the value.

    Other than the PD indemnity, based on the % of your PD rating, there would be future medical benefits for this injury, and there could be some other benefits as well...VR could come into play here if you cannot return to your previous employment.

    ... disc and it is still slightly herniated and this is not the way it was before the injury.

    Treatment under WC rules/laws are liminted, and not the same as 'regular health insurance'. Being returned to your condition as it was prior to your injury isn't something you can/should count on...the system isn't set up to provide for that, but rather a swift return to work, even if it's not the same type of employment as pre-injury.

    I am not sure if the bursitis and arthritis in my shoulder will ever go away

    Unfortunately those conditions are something that don't just 'go away'...that is something you can look forward to having to deal with the rest of your life. And, in all likelyhood, not compensable under Workers Compensation.

    The 'scars', ...probalby permenant, but will diminsih somewhat over time.

  4. #4
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,331

    Post Re: When It's All Over?

    1hurtinworker,
    Here is the link for the medical guidelines for NYS Comp?

    http://www.wcb.state.ny.us/content/m...pp/mdguide.pdf


    Read it over for your injured body part(s) and see what you may be entitled to as it seems to be self explanatory.
    These will change once they are re-written but should not affect you...
    Also, are you familiar with being found MMI?

    Good luck
    Last edited by Q-man; 03-28-2008 at 10:54 PM. Reason: sp

  5. #5
    Join Date
    Nov 2007
    Posts
    62

    Default Re: When It's All Over?

    Quote Quoting BvIA View Post
    WC laws are state specific, and how Permenant Disabilities and the associated benefits are handled differently.

    As you have described your injury/treatment, it would appear that you WILL have some resultant PD from this, which would provide for some settlement monies...you'll have to investigate this on your state web site to the value.

    Other than the PD indemnity, based on the % of your PD rating, there would be future medical benefits for this injury, and there could be some other benefits as well...VR could come into play here if you cannot return to your previous employment.

    ... disc and it is still slightly herniated and this is not the way it was before the injury.

    Treatment under WC rules/laws are liminted, and not the same as 'regular health insurance'. Being returned to your condition as it was prior to your injury isn't something you can/should count on...the system isn't set up to provide for that, but rather a swift return to work, even if it's not the same type of employment as pre-injury.

    I am not sure if the bursitis and arthritis in my shoulder will ever go away

    Unfortunately those conditions are something that don't just 'go away'...that is something you can look forward to having to deal with the rest of your life. And, in all likelyhood, not compensable under Workers Compensation.

    The 'scars', ...probalby permenant, but will diminsih somewhat over time.
    thanks for the info.We will have to wait and see what heals and what does not,I was trying to see if most of my injuries heal do I still get something for 4+ years of being injured.
    Quote Quoting Q-man View Post
    1hurtinworker,
    Here is the link for the medical guidelines for NYS Comp?

    http://www.wcb.state.ny.us/content/m...pp/mdguide.pdf


    Read it over for your injured body part(s) and see what you may be entitled to as it seems to be self explanatory.
    These will change once they are re-written but should not affect you...
    Also, are you familiar with being found MMI?

    Good luck
    Yes, I am familiar with MMI and we are still determining what will heal and what won't,it's very early in that stage.thanks for the link.

  6. #6
    Join Date
    Oct 2006
    Posts
    9,076

    Default Re: When It's All Over?

    no you don't get a settlement just for having an injury-- worker's comp is not like a civil suit.
    benefits are proscribed by law and include medical and wage replacement. You don't have to win lawsuit to get them; just file a claim.

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer