questioning

[streetglide69]

What is the name of your state (only U.S. law)? arkansas, i am having a lumbar fusion next monday in which they are taking a disc out, a joint out, and widening around the nerves on the right side. these injuries come from test riding a motorcycle at work, i am a harley davidson technician. my questions would be what is the average disability rating and average monetary settlement. i know each case is different, but just wondering the average . the doc says i will have permanent disability, yet to be determined, and that i might not be able to resume my current profession as a technician. i currently make 23 an hour for every billed hour i produce, which varies from 32 to 50 per week, im up in the 20,000 range in med bills after surgery, i know nothing is definate till im released from medical care, just looking for a little more info., any input is appreciated. thanks dave

[NLW]

In AR, impairment is determined by using the 4th Edition of the AMA Guides to the Evaluation of Permanent Impairment. This will determine a percentage of disability which will be used to determine a permanent partial disability (PPD) benefit.

Are you receiving wage loss (TTD) benefits? Your weekly PPD rate will be 75% of your TTD rate. I would guess (very preliminary - it will depend on your outcome from surgery. My assessment assumes the surgery is successful in eliminating your nerve pain) that your impairment rating would be about 20%. The whole body is valued at 450 weeks.

Assuming your TTD rate is $522 (the state maximum for injuries sustained 1/1/08-12/31/08), your PPD rate would be $391.50. Using a 20% PPD rating, your benefit would be something like this:

450 weeks x 20% = 90 weeks
90 weeks x 391.50 = 35,235

If your case is accepted, you should not pay for any medical bills.

[streetglide69]

will there be any kind of compensation for long term effects of the surgery, should there be any complications, plus is there anything my employer can be liable for for working me about a year doing my normal duties while i had a doc's note for light duty

[NLW]

The impairment rating is designed to compensate you for the long term effects of your injury and surgery. If the surgery is unsuccessful, or if there are complications, your impairment rating may increase.

I don't know of any specific penalty against the employer for working you outside of your work restrictions. With that being said, you have an obligation to prevent yourself from further injury by staying within the limitations given by your doctor. If your employer wants to you to do something that your doctor has restricted you from doing, you need to bring this up.

Sometimes the person at your employer that has your work restriction information doesn't share the information, or isn't the person that is directing your work. Make sure that your direct supervisor knows of your work restrictions. If this person knows your restrictions and doesn't care, you should raise the issue with someone else - maybe someone in human resources. You can also use your claims adjuster as a resource. Your claims adjuster can help you talk with your employer about why work restrictions are put in place and why it is important to follow them.

[streetglide69]

so i went for my first check up after surgery, the fusion is doing well, but my doc says he dont give any mmi ratings for a year from surgery. my ? is im not beeing treated well at work , do i have to continue working for them to keep my benefits, and will i not be offered a settlement till the doc releases me