Is there an end in site?

I was injured on the job in June of '96. I ruptured a disc in my back and have been receiving comp continually since early 97. I had unsuccessful surgery in Jan 98 and my doctors have deemed me permanently disabled with a degenerative disc disease caused from the accident. Ther is also major nerve damage involved. The comp doctor has also stated in numerous reports that my disability is total and prognosis for recovery is poor. Yet I am constantly bombarded with doctors, physical therapy, pain therapy, every test you can imagine, all coming from comp. the results are always the same. I always go because I cannot afford to have them cut off my checks for refusal of treatment. I also receive SSDI as the state of ny has also deemed me permanently disabled.
I am currently in physical therapy once again and undergoing pain treatment sessions. I have just had a new mri which shows indeed that another disc has herniated. Fusion looms in the distant future.
My question is, I know the process is long, but if my doctors, the comp doctors and the state have all arrived at the same conclusion,and the job has never contested the validity of the injury, how long can this thing be dragged out. It will be 5 years in June. Also, since they have continually paid benefits since 1997 am I entitled to a settlement when all is said and done, or are they required only to continue salary payments which is 2/3 what my pay was back in 1995. Where does it end?
Lizzie in New York

Hope This Helps

I was a W/C Adjuster in FL, so this is just an opinion. First, you need to most likely have the surgery. If you don't, then usually a doctor says your maximally medically improved. At that time, you might want to consider getting a W/C attorney. In most states, they will settle the claim. What this means, is they look at your life span, the wages earned now and in the future. They have tables they go by to figure out this amount. Some states will settle just the comp, some comp and medical. If you can't work, then you ahead a get an attorney. That will stop the constant going to physical therapy and doctors. But, remember, if you settle the medical, you won't have them paying for it any longer. Also, you usually don't have to pay an Attorney right up front. Good Luck, and I hope you feel better. Hope this helps.

Thanks for the headsup. Just to clarify, I have already had surgery once and it was a disaster. I am worse now then before they operated. Nobody will be cutting me open again, unless I am unable to walk. Also, I do have a lawyer, because I have appeared for court dates numerous times over the last five years. I thought it was better to get one in the beginning. I will not be forced to have another surgery, but I am certain you are right that if I don't have it they will more than likely drag their feet for another five years. I would think they would be anxious to settle since they have been shelling out total pay benefits for four years, and the medical bills are astronomical. Thanks again for your input.
Lizzie

One More Thing

I'm not sure if this will help or not, but you sound depressed, and they seem to be causing you undue hardship. I too have had back surgeries that came out leaving me worse off. I had a Pain Pump installed. Also, pain, in and of itself causes depression. Tell you w/c adjuster handling your file that you want to see a psychologist. When you see him, explain your depression and constant pain. You might also want to mention that you're being harrassed by W/C carrier. Who knows...you might kill two birds with one stone. Get some help on the depression, and at the same time, get W/C people off your back. I would think they'd want to settle. What does your Attorney say? Is he staying up on your case? It's really to W/C benefit to settle with you. They come out better off in the end. Good Luck, and hope this helps a little more. GO TO THE DOCTOR. Remember I've been there and done that, though mine was not work related. You can't help depression. It comes with the pain. By the way, the pain pump has helped people with returning to a somewhat more normal life. I'm having a good experience with it, but I've also heard of bad things happening as well, (like infections as the site). But it's an option to think about. I was taking 100 mg of methadone a day. I now have 2mg of morphine dripping in my spine during 24 hrs. It's nice not having to take all those pills anymore, but there are risks. Know what I say, think possitive, and positive things will happen.

[Edited by Georgana Chastang on 03-27-2001 at 05:30 AM]