Settlement for lumbar fusion for workers comp in Ohio?
My husband worked as a corrections officer for the State and was injured restraining an inmate 2 yrs ago. The result from this has required 2 back surgeries. His condition now is post-laminectomy syndrome(lots of scar tissue), permanent nerve damage (which radiates pain down his legs and leaves him with loss of feeling on the the side of his foot and back of one of his calf), spinal fusion at L4 and L5. He walks with a cane, and has been through therapy. He has one more surgery a spinal stimulator to intercept the nerve pain that is coming up very soon. His doctors tell him he is going to be disabled for the rest of his life and he is going to be reaching his MMI (maximum medical improvement…aka best he is going to get) very soon. Keep in mind he is only 26, and his career and schooling has only been in law enforcement. What type of settlement is to be expected considering his age, and severity of his injury? The reason I ask is because he talked to his lawyer’s paralegal and she said not to expect 6 figures, which is not what we were thinking, and my husband is devastated because he worries about how is going to provide for his family considering he is going to be permanently injured.
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Sorry about your husband’s injury and all you are going through. While I am unable to give you any kind of figure I will tell you that it in part depends in whether he is permanently partially disabled or permanently totally disabled.
I have worked in medical offices dealing with workers compensation cases. I also was injured years ago and was unable to go back to my previous job. So once I reached Permanent and Stationary status, which means I had reached maximum medical improvement, I was rated with a certain percentage of disability and went through vocational rehabilitation. If your husband can do some kind of work then a retraining program with money to support himself/your family should be part of his settlement. It is counter-intuitive but in cases of partial disability the younger you are the LESS your settlement usually is. Their reasoning is that a younger person has more opportunities to train for a different career. The amount of settlement depends upon age, percentage of disability and/or loss of limbs. For example in California there is a dollar amount awarded for losing a left pinky finger.
Now, if your husband is totally permanently disabled then he should get some kind of provision for future medical care as well as either a lump sum or regular payments to replace lost income. And as he is so young he should get a much higher settlement than an older totally disabled worker.
This is how it works in California in general. However as your husband works for the State they very well could have different rules. You may wish to find out if you can get a second opinion on his case from a workers compensation attorney before you settle. Some won’t charge for a consultation.
Hope this helps. Write back if you have other questions.