Work injury + separate existing condition = no future job prospects?

[0Moose0]

Hello,
I have a (soon to be labeled) permanent leg injury with a minor back injury I aggravate often because of how much I must sit and how often I fall, due to leg (I fall pretty often, bloodied my nose just this morning.) My leg injury is listed as undefined as the doctors cannot find the cause of ongoing pain, weakness, and swelling but are soon to put me down as MMI as they see no chance of improvement. My work level is listed as sedentary with lifting at 10lb and walking for an hour or less (even the hour leaves me in very bad pain and sometimes I am unable to stand up at all) my lawyer is currently asking me to settle on this once MMI is approved, I am unsure if this is the best course of action. If anyone has another opinion please share.

Along with this mobility limiting injury I ALSO have sever aytipical migraines (was disclosed to job I sustained injury at) that have at times cause seizures and temporary blindness, one of my main triggers is screened divices (computers, handhelds, cellphones, ECT.) - I'm writing this in short bursts as to not set one off they are that bad- with both the injury and my migraines I cannot even fathom what kind of job prospects are available to me. I have asked my lawyer about filling some for of disability or if there are other options but they have not answered me? Anyone have any ideas of where to go from here? I am the breadwinner for my family and they will starve if I don't figure this out!

 

[quincy]

Hello,
I have a (soon to be labeled) permanent leg injury with a minor back injury I aggravate often because of how much I must sit and how often I fall, due to leg (I fall pretty often, bloodied my nose just this morning.) My leg injury is listed as undefined as the doctors cannot find the cause of ongoing pain, weakness, and swelling but are soon to put me down as MMI as they see no chance of improvement. My work level is listed as sedentary with lifting at 10lb and walking for an hour or less (even the hour leaves me in very bad pain and sometimes I am unable to stand up at all) my lawyer is currently asking me to settle on this once MMI is approved, I am unsure if this is the best course of action. If anyone has another opinion please share.

Along with this mobility limiting injury I ALSO have sever aytipical migraines (was disclosed to job I sustained injury at) that have at times cause seizures and temporary blindness, one of my main triggers is screened divices (computers, handhelds, cellphones, ECT.) - I'm writing this in short bursts as to not set one off they are that bad- with both the injury and my migraines I cannot even fathom what kind of job prospects are available to me. I have asked my lawyer about filling some for of disability or if there are other options but they have not answered me? Anyone have any ideas of where to go from here? I am the breadwinner for my family and they will starve if I don't figure this out!

What is the name of your state?

 

[0Moose0]

What is the name of your state?

Nebraska

 

[Just Blue]

Hello,
I have a (soon to be labeled) permanent leg injury with a minor back injury I aggravate often because of how much I must sit and how often I fall, due to leg (I fall pretty often, bloodied my nose just this morning.) My leg injury is listed as undefined as the doctors cannot find the cause of ongoing pain, weakness, and swelling but are soon to put me down as MMI as they see no chance of improvement. My work level is listed as sedentary with lifting at 10lb and walking for an hour or less (even the hour leaves me in very bad pain and sometimes I am unable to stand up at all) my lawyer is currently asking me to settle on this once MMI is approved, I am unsure if this is the best course of action. If anyone has another opinion please share.

Along with this mobility limiting injury I ALSO have sever aytipical migraines (was disclosed to job I sustained injury at) that have at times cause seizures and temporary blindness, one of my main triggers is screened divices (computers, handhelds, cellphones, ECT.) - I'm writing this in short bursts as to not set one off they are that bad- with both the injury and my migraines I cannot even fathom what kind of job prospects are available to me. I have asked my lawyer about filling some for of disability or if there are other options but they have not answered me? Anyone have any ideas of where to go from here? I am the breadwinner for my family and they will starve if I don't figure this out!

What state?

 

[quincy]

Nebraska

Thanks for providing your state name, 0Moose0.

I am not sure from your post whether you filed a worker’s compensation claim. Are all of your health issues work-related?

You mentioned that you have an attorney. Have you asked your attorney the questions you ask here? Or are you searching for opinions on whether to settle or not?

 

[0Moose0]

Apologise I was injured in Nebraska, the company headquarters is in Washington DC. I have dual residency in Nebraska and Kansas, my work comp case is in Nebraska.

 

[0Moose0]

Thanks for providing your state name, 0Moose0.

I am not sure from your post whether you filed a worker’s compensation claim. Are your health issues work-related?

You mentioned that you have an attorney. Have you asked your attorney the questions you ask here? Or are you searching for opinions on whether to settle or not?

I have an open work comp case that is drawing to a close, I am currently receiving work comp benefits and medical expenses on the leg and back injury. I am unsure wether to accept settlement, I am only in my 20s and lost the use of a limb how much is that even worth?

My migraines are an unrelated health issue, but were already affecting my career potential. Now that I am unable to do physical work as well as computer based work I am trying to figure out if I'm supposed to file some form of disability, or if there are any other options.

I'm sorry if this isn't making sense. And I have asked my lawyer all of this and they simply said to come up with a number for the settlement.... Again I don't even know how to do that.

 

[quincy]

Apologise I was injured in Nebraska, the company headquarters is in Washington DC. I have dual residency in Nebraska and Kansas, my work comp case is in Nebraska.

Here is a link to Nebraska’s worker’s compensation laws (with case law):
https://nebraskalegislature.gov/laws/statutes.php?statute=48-101

I have to assume that your lawyer has a good reason for recommending you accept a settlement once the MMI is approved. I would start by asking him to tell you exactly why that is his recommendation. Then ask him what he believes your injury is worth. Asking you to “come up with a number” is not all that helpful.

 

[adjusterjack]

'm sorry if this isn't making sense. And I have asked my lawyer all of this and they simply said to come up with a number for the settlement.... Again I don't even know how to do that.

I suggest you study everything you can about workers comp settlements. Here are plenty of resources:

https://duckduckgo.com/?t=ffhp&q=nebraska+workers+comp+settlement&ia=web

I also suggest you apply for social security disability income (SSDI). Might take you a year or two to get it so get started now. You can get forms and instructions at the SSA website.

 

[quincy]

... I also suggest you apply for social security disability income (SSDI). Might take you a year or two to get it so get started now. You can get forms and instructions at the SSA website.

To go along with adjusterjack’s suggestion above, here is a link to Kansas disability determination services, with a link to local social security offices: http://www.dcf.ks.gov/services/rs/pages/DDS.aspx

Here also is a link to information provided by the Mayo Clinic on migraines. There are some treatments that might be of help to you: https://www.mayoclinic.org/diseases-conditions/migraine-headache/diagnosis-treatment/decide-20360207

As a note: Although courts in Nebraska have held in worker’s compensation cases that an award for compensation cannot be based on “possibility, speculation or conjecture” - which means your worries about what might happen in the future with your employment options should not play a factor in any compensation award - Nebraska courts have also said that “relief authorized by workers compensation law includes purpose to prevent employee’s dependents from becoming a public charge.”

Because of your young age, I would not “jump” into any settlement agreement without very careful thought.

Good luck.

 

[LdiJ]

Hello,
I have a (soon to be labeled) permanent leg injury with a minor back injury I aggravate often because of how much I must sit and how often I fall, due to leg (I fall pretty often, bloodied my nose just this morning.) My leg injury is listed as undefined as the doctors cannot find the cause of ongoing pain, weakness, and swelling but are soon to put me down as MMI as they see no chance of improvement. My work level is listed as sedentary with lifting at 10lb and walking for an hour or less (even the hour leaves me in very bad pain and sometimes I am unable to stand up at all) my lawyer is currently asking me to settle on this once MMI is approved, I am unsure if this is the best course of action. If anyone has another opinion please share.

Along with this mobility limiting injury I ALSO have sever aytipical migraines (was disclosed to job I sustained injury at) that have at times cause seizures and temporary blindness, one of my main triggers is screened divices (computers, handhelds, cellphones, ECT.) - I'm writing this in short bursts as to not set one off they are that bad- with both the injury and my migraines I cannot even fathom what kind of job prospects are available to me. I have asked my lawyer about filling some for of disability or if there are other options but they have not answered me? Anyone have any ideas of where to go from here? I am the breadwinner for my family and they will starve if I don't figure this out!

I have the same kind of migraine you have. It is typically called silent migraine. I do not get actual seizures I just get distorted vision which is sometimes so bad it can be considered temporary blindness. Slightly tinted glasses should help you with your triggers, even if you would not normally need glasses.

 

[quincy]

I have the same kind of migraine you have. It is typically called silent migraine. I do not get actual seizures I just get distorted vision which is sometimes so bad it can be considered temporary blindness. Slightly tinted glasses should help you with your triggers, even if you would not normally need glasses.

There are several potential causes of and triggers for migraines. Symptoms vary. Reactions differ. What works to relieve migraines in one person may not work to relieve migraines in another.

It is best to first have a thorough medical examination to rule out any serious underlying health issue. A person suffering from migraines should then work with their own physician to come up with a treatment plan personally tailored to their specific needs.

 

[0Moose0]

Thanks for the advice on migraines but I've been receiving medical treatment for them scince I was a small child, I've had all the pills, shots, and scans there are. Mostly it all just killed my kidneys.
I've tried every fad- daith piercings, aroma therapy, meditation, fl41 glasses, vitamins, screen filters.
There is literally nothing medical or non I have not tried. I have to keep my hair Buzz clipped cause growing it out increases my migraine!
They dictate my entire life.

 

[quincy]

Thanks for the advice on migraines but I've been receiving medical treatment for them scince I was a small child, I've had all the pills, shots, and scans there are. Mostly it all just killed my kidneys.
I've tried every fad- daith piercings, aroma therapy, meditation, fl41 glasses, vitamins, screen filters.
There is literally nothing medical or non I have not tried. I have to keep my hair Buzz clipped cause growing it out increases my migraine!
They dictate my entire life.

I am happy to hear that you are under a physician’s care for your migraines.

Have you been able to speak to your attorney yet? Or are you still waiting on the MMI?

 

[0Moose0]

I am happy to hear that you are under a physician’s care for your migraines.

Have you been able to speak to your attorney yet? Or are you still waiting on the MMI?

Waiting on an MRI results to determine accuracy of MMI. The in a conference with doctor and lawyer depending on results.