Comp with NO SETTLEMENT

[cherie316]

What is the name of your state? New York

I was injured in May of 2002 (rotator cuff). I had surgery in January of 2003. I worked up until my surgery date. I went back to work in April of 2003, but found out that I was still not completely healed and I was put back on compensation. I was terminated in July of 2003. I have been collecting weekly benefits from the insurance company. I just spoke to my attorney and he told me that I may not get a settlement when this is over. He stated that the insurance company has been paying me all along and that may be it!! Mean while I am still out of work. My doctor has not signed me back as of yet. I asked my attorney if I could get SS benefits and he said that I have not been out of work for a full year and that he DOUBTS it. I am planning to move to North Carolina in July. I asked my attorney to try to have this cleared up before then because getting back to NY would be hard....he just "moaned". My doctor stated that he will put in writing that I am permenatley disabled to a degree, and he sent this to my attorney. What is my attorney waiting for????
PLEASE HELP!!

 

[Beth3]

I have no idea what your attorney is waiting for however an employee is not automatically entitled to a PPD settlement simply because they had an occupational injury. If you don't have confidence in your attorney, then consult with an other WC attorney for a second opinion.

 

[cherie316]

Thanks Beth...........But I still am not fully healed and I was told that it would be settled a year after your surgery date. Also what about collecting disablility?? Isn't that what we pay into it for?? He just hasn't had any good responses for me and they are supposed to be one of the best in Rochester NY. Will my move out of state hurt me in any way??

 

[Beth3]

If you are entitled to a PPD settlement, that rating will not be determined until the doctors are agreed that you have reached MMI - maximum medical improvement. Waiting a year after surgery to evaluate if you've reached end of healing and what, if any, permanent impairment you may be left strikes me as reasonable.

As to your eligibility to collect social security disability benefits, I can't comment other than to say that the SSA has it's own, very specific and fairly stringent definition of what constitutes a disability. SSDI is not a short-term disability plan provided by the government to "fill in" when someone is temporarily unable to work due to a medical problem. You're going to have to contact your county's SSA office if you want to pursue this and find out whether you're eligible.

 

[cherie316]

Thanks Beth

Once again, thanks. I'm just so frustrated with the whole ordeal. It has been 15 months since my surgery and there is little or no improvement to the pain. With everyday pain to deal with you can understand why I'm so frustrated with the whole mess. I just want them (since it has been a year) to make a decision so I know where I stand financially. I've been without medical insurance and haven't been to see my primary Dr. in a year because I can't afford it. It's terrible getting hurt on the job...I don't wish it on anyone.