Workers compensation….What happens next?
My husband was injured at work 11/20/2007. WV workers comp has paid for his surgery (to repair a ruptured bicep tendon), lost wages (going on 7 months now off work) and physical therapy (just finished up this past week). He’s going back to his doctor today and I’m sure he’ll be released to work. Physical therapy says that’s the best his arm will get. My questions are…Will worker’s comp seek to settle?..Who will determine the deficit in his arm?..Will this all happen automatically?..Is there anthing else he should do or be aware of?
Also, physical therapy recommended a Functional Capacity Test when he finished up but the Human Resorces lady from my husbands company did not want that done. Any idea why?
And 1 more thing…My husband feels that his work has been treating him differently since he’s been injured. If he decided to quit, would that effect his workers comp/settlement an any way?
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Quitting will not change the settlement, as the injury still occurred during working hours.
As far as any settlement, that is determined by the doctor’s evaluation of any permanent loss. I had a 20% loss of one of my fingers, and got about $400. A coworker had damage to his knee, he got about $3500. He can alwasy appeal the doctor’s decision, but that is costly, time consuming, and difficult to prove.
Many good questions you ask here. All answers are very SPECIFICLY DETAIL oriented and difficult to answer without more details and such….It’s hard to say exactly what the State will do , why they will do it and when they wil do it….As a blue collar worker who has also been injured on the job , I’ll offer this advise…..Don’t give up on any treatment until HE feels he is ready to go….if his employer is being weird, so what. His health is the ONLY issue here and he can get another job if he had to…..if they fire him, then they get to pay his unemployment also. Too many times, workers are pressured to return to work too early…I injred my knee, they did an MRI and discovered a slight injury in my MCL. THey didn’t operate, cleared me to work a month later, and two weeks after that, I was on the operating table to repair the SAME MCL that should have been dealt with. Now I have a bum knee and it still bothers me at times…Make sure they take care of his health issues ….first and foremost.
Jobs come and go……don’t let this injury turn into a lifelong chronic issue like I’ve inherited.
Good Luck..
WC benefits do not go on forever. Once his Dr feels he has reached
a stable condition, MMI/max med improvement, he will be rated for
permenant disability/impairment, and expected to return to work.
The type of work, or employer doesn’t matter. Any settlement or
indemnity award will be based on that PPD rating. These awards are
predetermined by law, and provide continuing benefits for a
specified number of weeks based on each 1% of the rating, or a
schedule by body part. So it’s not really up to the injured worker
to not return to work until ready. If there is a statutory cap on
TTD, he’s going to be declared MMI when that cap is reached. The
default settlement in most states is weekly payments until the
indemnity is paid in full, and access to additional medical
treatment on a necessity basis. You cannot force a lump sum
settlement, but for few exceptions. NY allows a lump sum payment.
WC laws are state specific, and vary widely.