Tuesday, July 28, 2009

How are disability ratings for w/c injuries arrived at? Does the rating cover future income also?

I am an RN, herniated a cervical disc while lifting a pt. After PT, and local injections did not help, I had it surgically repaired. I do not understand how disabilities are rated, or how it is that the parties come to some sort of an agreement on the % disability. Does this take into account future income that would be lost as a result of the disability?? Also, what about if future medical care would be needed-is that also covered- or does the settlement take that into account also????

How are disability ratings for w/c injuries arrived at? Does the rating cover future income also?
you need to hire an W/C attorney to hash it out with the hospitals attorney/insurance





the settlement is just that.. a settlement


the insurance company does NOT pay any further than the settlement lump sum





w/c doesnt consider mostly anyone disabled


they will do a wage evaluation and either find you a job that you can do with your limitations or send you back to school to learn a diffent trade- then pay the difference in wage $ from the previous job for a total of 2 years





DO NOT settle without an attorney to handle it
Reply:The percent of your disability is decided by your physician after he/she reviews the AMA guidelines (American Medical Association) for permanent/partial disabilty for your injury/post surgery, etc. It is a long drawn out process unfortunately. Workers comp will fight it every step of the way!! I see this every day in the orthopedic practice I work in. You should get an attorney for your best results. Your attorney will send all paperwork regarding future medical care expenses and what your disablity rating is to your physician for he/she to fill out. Yes, future medical care, wages, etc., will be taken into the account for the settlement. Your attorney will also request all of your medical records with regards to your injury for review. They may even do a deposition with your physician. Your physician can judge what future medical care is needed, how much cost wise, etc. Your attorney may also advise and help you file for Social Security/Disabilty benefits. Again, please ensure you have a attorney for best results and outcome.





Hope this helps and good luck.


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