Results 1 to 5 of 5
  1. #1
    Join Date
    Feb 2018
    Posts
    3

    Default Help settlement offers stage

    First let me say hello to everyone who might come across this thread and might be in the same nightmare of w.c aswell!.... I will give a brief rundown of my personal siuation i am going thru any help or and advice would be greatly appric. ....I was employe with the state of n.j dept of correction for 14 years on april13 1013 i was injured at work in inmate assualt ..i tore acl miniscus ...i underwent acl reconstruction surgery on jun 10 2013 followed by a year of P.T i was mmi on or about june 9 2014 at this point i knew i wasnt in condition to return but had no choice.....i was offered 40% rating to right knee and having had a prior acl reconstruction years prior i had to give a 20% credit.......that was only offer the first and i took it (attny at the time advised it was best choice....)Fast forwared i 2016 no longer able to take the pain i reopend my case and was sent back to inc co. dr. apon new mri's it showed acl disruption and NO acl intact!!dr. advised me that the graft faild and miniscus was further damaged the ins. co dr told me that he could not do another reconstruction based on the fact that there is nowhere to put more hardware!! im no dr. but rite there i started to question the ins co. dr. he furtherm told me that i will need a total knee replacement but because of my age it could not be done...and sent me to P.T on or about oct 2016 i was mmi and sent for F.C.E i was issued to not lift over 125 pounds keep in mind i am a correctional officer and we have no light duty. i told the ins co dr that my knee had not gotten any better and was in the same if not worse conditon and could not return to duty work he advised i look into applying for nj pfrs pension......i am currently applying for accidental dis pension ....on r about may 2017 i was sent to inc co dr for permancy ev. mind you the same dr that did the first time around....fast forward dec 2017 first offer 7%for total of 47%.(from previous)...i turned it down stating i want to go to trial ...7an 2018 second offer 10 for a total of 50%( from previous )i turned it down and advised my lawyer i would like to go to trial now hearing agin scheduled feb 2* is he going to come back with another offer ??? will i ever get to a trial???? lawyer said that 50% isnt givn unless knee replacement ... how is it i was offer5ed 20% first time now the dr clearly states the acl graft failed i am worse then before i have lost everything because of this injury my house my family my career im all worried out and just want this to come to a end any help i would be in debt for t.y and to all who might be going thru this just kno your not in the struggle alone lets keep aer heads high and keep moving thru it the pain is over with that was done when we got hurt at the jobs we once had ..

    Also can i collect like ssd or anything else w.c benfits stoped oct 16 and i havent had income since
    Last edited by W.C.DEMONS; 02-11-2018 at 04:52 PM.

  2. #2
    Join Date
    Feb 2018
    Posts
    3

    Default Re: Help settlement offers stage

    Any info on ime drs in the central jersey area i have a couple i found in south jersey

  3. #3
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    821

    Default Re: Help settlement offers stage

    W.C.DEMONS,
    Hey its very possible that we know each other. I serviced several State Prisons during my career as the "BUGMANN"

    I know and understand the NJWC system very well and trust me your PBA Union Work Agreement supercedes the NJWC rules and as long as the contract benefit is lawful you will get it, and it will be superior to what us working folks would qet for benefits.. Your contract has saved you many "YEARS" of grief in dealing with the WC system. See I would never get a year of PT and still have a job, as most at will workers get fired at the end of the Family Medical Leave Act Protection.

    I feel bad for your loss and daily pain but its not the end of the world for you. You had been paid the 2nd highest wages for Corrections in the country behind California. That is an amazing accomplishment!!

    Your fCE exam said much more than "not lift over 125 pound" or the claimant didnt lift any more weight than 125lbs?? as it had several functions like it was looking for any inappropriate illness behaviors, as it asked you the same questions many times expecting to get the same answers.in any event the body of the report will be nit picked for any statement that serves that parties interest, but the most important part of this exam is the inappropriate illness behavior part. I'm sure it said you could not ever return to a physical job that requires leg strength, but didnt go so far to say that you are totally disabled either which is great for you.Please dont take this in a condescending manner, but in time you will find the rest of your life very enjoyable. Also you will get compensation for your medical impairment that isw measured and paid out by your % of impairment. If you were not happy with the 47% impairment rating why didn't your PBA lawyer send you to his Dr as this Dr would rate you MUCH higher then the JUDGE would have some evidence to give you a higher award. Besides the 47% under reg NJWC rules is just under 40,000$$. Now your work agreement may have higher figures for you but this is the min.It wouldn't hurt for you to seek out a therapist and a Dr to treat any anxiety/depression you may have over all of this as you did lose an excellent career with pay totaling 100K a yr with alot of OT, or promotions.

    The differences in % is called legal negotiations and all cases get this. The ins wants to pay the least and your lawyer wants yoju to get top dollar for your injuries. Thats why I suggested the therapist as with all you had or could have gotten is now taken away and you can get compensation for all medical impairments physical as well as mental.
    You know its been 20 yrs since my injury and just began seeing a therapist and shrink to control my anger and anxiety over what my employer stole from me and why she stole it. See all remedies must be settled in NJWC COURT. You need to see what your contract says, but your PBA lawyer most likely only does work injury cases for CO's hurt on the job so he will know what your contract says.

    I hope this helps some. Please feel free to post any questions you may have but be careful the question asked by you does not ID you as then anything said may be used against you. B ut have many ways to talk.

    Good luck and if you can recall who I am please let me know as I miss those halls of justice as much as you do

    BUG

    PS To get SS benefits you must be totally disabled aqnd that would require more than a knee, actually the law says 2 limbs but who knows where the therapy will go??????? GET IT??

    Quote Quoting W.C.DEMONS View Post
    First let me say hello to everyone who might come across this thread and might be in the same nightmare of w.c aswell!.... I will give a brief rundown of my personal siuation i am going thru any help or and advice would be greatly appric. ....I was employe with the state of n.j dept of correction for 14 years on april13 1013 i was injured at work in inmate assualt ..i tore acl miniscus ...i underwent acl reconstruction surgery on jun 10 2013 followed by a year of P.T i was mmi on or about june 9 2014 at this point i knew i wasnt in condition to return but had no choice.....i was offered 40% rating to right knee and having had a prior acl reconstruction years prior i had to give a 20% credit.......that was only offer the first and i took it (attny at the time advised it was best choice....)Fast forwared i 2016 no longer able to take the pain i reopend my case and was sent back to inc co. dr. apon new mri's it showed acl disruption and NO acl intact!!dr. advised me that the graft faild and miniscus was further damaged the ins. co dr told me that he could not do another reconstruction based on the fact that there is nowhere to put more hardware!! im no dr. but rite there i started to question the ins co. dr. he furtherm told me that i will need a total knee replacement but because of my age it could not be done...and sent me to P.T on or about oct 2016 i was mmi and sent for F.C.E i was issued to not lift over 125 pounds keep in mind i am a correctional officer and we have no light duty. i told the ins co dr that my knee had not gotten any better and was in the same if not worse conditon and could not return to duty work he advised i look into applying for nj pfrs pension......i am currently applying for accidental dis pension ....on r about may 2017 i was sent to inc co dr for permancy ev. mind you the same dr that did the first time around....fast forward dec 2017 first offer 7%for total of 47%.(from previous)...i turned it down stating i want to go to trial ...7an 2018 second offer 10 for a total of 50%( from previous )i turned it down and advised my lawyer i would like to go to trial now hearing agin scheduled feb 2* is he going to come back with another offer ??? will i ever get to a trial???? lawyer said that 50% isnt givn unless knee replacement ... how is it i was offer5ed 20% first time now the dr clearly states the acl graft failed i am worse then before i have lost everything because of this injury my house my family my career im all worried out and just want this to come to a end any help i would be in debt for t.y and to all who might be going thru this just kno your not in the struggle alone lets keep aer heads high and keep moving thru it the pain is over with that was done when we got hurt at the jobs we once had ..

    Also can i collect like ssd or anything else w.c benfits stoped oct 16 and i havent had income since

  4. #4
    Join Date
    Feb 2018
    Posts
    3

    Default Re: Help settlement offers stage

    Not sure if first reply went thru... but. Thanks for reply i will repeat just incase ..I have a pvt attny not thru union ,union hasnt reached out at all, I was seeing a therapist and was diagnosed ptsd anx. Depression and was on presc. Wen comp checks ceased was no longer able to afford the luxury of health ins and had to stop therapy sessions and meds... I am greatful for habing had the oppt. To serbe my dept. And gather all the exp. I habe had over course of my carer i do miss it greatly everything about but know its time to move on to lifes next chapter i optimistic for my future health

  5. #5
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    821

    Default Re: Help settlement offers stage

    W.C. Demons,

    Hey I know this much an IW must take a pro-active stand for their rights as an injured worker. You should not be waiting for the Union to reach out to you, you need to reach out to them, put um in a choke hold if need be?? (Just kidding) but thats how you must be when you get hurt at work. Coming here was a great idea as you will get many suggestive ideas.

    You may have health ins and medical prescript plan right under your nose and not even know about it, as it happened to me as well. I was living in Florence NJ when I got hurt and after giving up all I could I was told that Florence had whats called "Local Township Assistance for all who life within the city limits there is no cost as it is paid for by local tax. This may get you seeing your therapist and dr again, and any all drs if you need any palliative care for your injury you can get both. Call your local Municipal BLDG and ask if they offer township assistance for those who lost their job due to work injury and you have reached MMI and are not released to work by any treating dr. ThAT is the drift I got from your messages.Its really for anyone who needed it but you will not have to do work around the city to earn your pay as long as you have a Drs note saying you are unable to work. Its best to move forward with the best health possibl.

    Your Union should provide you your lawyer as you are enforcing your work agreement not filing for WC benefits. Call the BAr Asso to check out your current lawyer is competent to handle your case, they will tell you how many years in practise and any area of law they may specialize in, as well as if there are any disciplinarians filed against them

    This should get you started but get a hold of your shop stu and see whats up

    BUG



    Quote Quoting W.C.DEMONS View Post
    Not sure if first reply went thru... but. Thanks for reply i will repeat just incase ..I have a pvt attny not thru union ,union hasnt reached out at all, I was seeing a therapist and was diagnosed ptsd anx. Depression and was on presc. Wen comp checks ceased was no longer able to afford the luxury of health ins and had to stop therapy sessions and meds... I am greatful for habing had the oppt. To serbe my dept. And gather all the exp. I habe had over course of my carer i do miss it greatly everything about but know its time to move on to lifes next chapter i optimistic for my future health

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