Do I have to return to work after my MMI/Impairment rating?

I injured my knee on the job, and have been on Workmans Comp
since 2-15-00. I had surgery on my knee in May 2000, and after going through several months of physical thearpy, I was released to return to work in July 2000. After working for nearly two months, my knee was still in severe pain, and lots of swelling. I was then taken off of work again by my treating doctor in October 2000. I was told I now have severe arthiritis in my knee because of scar tissue from the surgery, and the doctors perscribed 8 more weeks of therapy. The doctors request for therapy was denied by the insurance carrier, and on January 17, 2001 I will be receiving my maximum medical improvement exam and impairment rating. My knee is still in alot of pain, and now I will always suffer from arthiritis pain and I have three small kids to take care of. If I choose not to return to work because of my injury and pain, will I still be able to receive my benefits for my impairment even if the doctor releases me? Or should I hire an attorney? I am in Texas, so please help!

MMI/Impairment rating

Consult a lawyer regardless of what happens. If you are going to have a permanent impairment, then it is my understanding that you are entitled to money for that impairment whether you return to work or not. That's they way that TN works and TN has some of the worst WC laws in the US. So I would definitely consult a lawyer, it will not cost you a penny unless you win then they will receive a percentage of your winnings. If you lose then you owe nothing. I hope this helps you some.

lcn72267 said:

I injured my knee on the job, and have been on Workmans Comp
since 2-15-00. I had surgery on my knee in May 2000, and after going through several months of physical thearpy, I was released to return to work in July 2000. After working for nearly two months, my knee was still in severe pain, and lots of swelling. I was then taken off of work again by my treating doctor in October 2000. I was told I now have severe arthiritis in my knee because of scar tissue from the surgery, and the doctors perscribed 8 more weeks of therapy. The doctors request for therapy was denied by the insurance carrier, and on January 17, 2001 I will be receiving my maximum medical improvement exam and impairment rating. My knee is still in alot of pain, and now I will always suffer from arthiritis pain and I have three small kids to take care of. If I choose not to return to work because of my injury and pain, will I still be able to receive my benefits for my impairment even if the doctor releases me? Or should I hire an attorney? I am in Texas, so please help!

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Speaking from experience, and also from having trouble withthe TWCC, GET AN ATTORNEY!! The Carrier can be made to pay for your *retraining* if you are unable to do your job duties as you had previously. Also, the way the laws are set up here, if you dont fight for your rights now, you wont have a chance to further down the road.