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  1. #1
    Join Date
    Feb 2012

    Default Can't Return to Old Job After Knee and Shoulder Injury

    fell thru roof 9/09..knee and says cant go back to old profession to strenuous. will prob need new knee in want to settle medical that I have for life..outta work since 09/09 bout to lose everything...ssi takes to long to wait...nobody wants to hire cause have no other experience than my field and im damaged goods..What options do I have? any suggustions on what to do? point me in the right direction...tks

  2. #2
    Join Date
    Feb 2007

    Default Re: Damaged Goods

    Find out if your state/MD provides for vocational rehab services...because SSA takes too long is no reason not to apply. In fact by not making that application, you stand to lose out entirely...there is a 5 year SOL on filing for disability benefits.
    From the injury you describe, you are probably not eligible for SSDI anyway...there are other jobs you can perform. Granted, those jobs may not pay your pre injury wages, but society doesn't provide for that.

    If you require significant medical in the future, you should NOT sell your rights to treatment in this claim. You will NOT be paid enough to cover that TKR... or the associated care you may need post op, or additional wage replacement.

    You should be discussing your claim with a competant WC attorney

  3. #3
    Join Date
    Feb 2007
    Charlotte, NC

    Default Re: Damaged Goods

    I counsel my clients who are in your position to try to figure out what they would like to do as a new career, and investigate what kind of schooling or training they would need to get to that point. Then we add that cost into out settlement calculations and try to make a deal with the insurance company that will facilitate that kind of outcome for the client. I recently settled a case for a man who had been driving a truck, and he needed to change occupations due to his injury. We got enough in the settlement for him to go back to school for two years, pay all his living expenses, and learn a new trade in which he had a lot of interest. He did the research on the program and the new career, and the insurance company felt like it was a reasonable plan for him.

    So, that worked out as a win-win-win for everyone involved, because when he finishes school he will be able to make a good living in spite of his injury.

    That kind of outcome takes some effort on the workers' part to figure it out, and maybe some creative thinking, and "thinking outside the box" but I think everyone is capable of doing that. If your state has a "vocational rehabilitation" program go talk to them about possible new occupations or careers and get their advice on how to get from Point A where you are now, to Point B, which is where you want to be in the long run. Good luck.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

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