w/c case
 

i had to go last week to have a FCE test done to see if my knee is impaired.i have had 5 surgurys in 2 years on my right knee and nothing has changed.i have constant swelling and in constanly gives out causeing me to fall.it started when i had a mishaps with a nail gun and int went off and lodge the nail from the outside of my knee and then in to the knee cap.and 2 points i was placed in the hospital for weeks at a time for infection.also i this time i was operated on twice for irragation of my knee.know the doctor says the test i took shows that i am 13% impaired and im not sure what that means im just a simple minded country boy.......any help or comments will be great on what to expect next out of all this

Welcome
 

Hi frogman and welcome. I'll try to answer your question, based on my husband's experience with an OTJ back injury several years ago.

Most states have adopted a value for each part of the body in their Workers' Comp Act. Typically the value is based on a number of weeks, rather than an actual dollar figure. For example: If your weekly workers' comp benefit is $400 per week, and the value placed on a knee in your state is 10 weeks, the 100% total impairment for your knee would be $4,000 ($400/week x 10 weeks).

But, since the impairment is not 100%, only the percentage of the impairment rating would be paid, so the value of your impairment at $400/week would be $520 (13% of $4,000). This would be the amount the workers' comp carrier would be required to pay you for the impairment.

If you think your impairment is greater than 13%, most states allow a one-time only second opinion. However, you need to petition the Workers' Comp commission for approval first. If you decide that is what you want to do, you should consider getting an attorney that specializes in worker comp claims for your state. Their allowable fee is typically capped at 25-30% of the final award.

Good luck to you.

Hi, and welcome to NT! This is such a great place with so many friendly, caring, and helpful people.

We're so glad you found us! :)

Hello Frogman!
 

OH MY! The nail gun in the knee! :Noooo:
So sorry! My brother did the same thing when he was in construction.
"Simple Country Boy" as well! :)

Your situation sounds way more involved with all those surgeries!

I just wanted to welcome you here :hug:
There are so many very caring people here.

I think you've already been pointed to a couple of forums here that should help with some of your questions.
Ask Questions! And using the 'search' feature at the top of the page always helps me pinpoint posts of particular interest.....just type in key words....

Good Luck

Rae

thanks for all the imput

Ouch, Frogman I bet that hurt!
 

the ammount they are trying to say im worth seems way low can it be negotiated

Much of that depends on what state you are in. I would suggest you find an attorney that specializes in w/c cases in your state, if you think you aren't getting enough. The initial consultation will probably be free, and he/she can tell you what they can or cannot do for you.

i have talked to a lawyer but not sure that if i use one i want end up owing them money at the end.WC said they would help me find a job that will meet the requirments set by the doctor.but they havent treid anything.im 23 and have little education,the only job i have have ever done is construction.there are trying to settle a case that has been going on for 2 years with 5,640.00 or 5,000 more if i take the medical money.sounds like they are rying to pull one over on me

They are offering what the state law requires for the 13% impairment.

When you say 'medical money', it sounds like they are trying to get you to give up your right to reopen your case in the future. DO NOT do that. Some people mistakenly believe that if they go to a different employer and the previous injury causes problems, they can refile with the new employer's insurance. That is wrong. Workers' Comp cases are filed with the States, and they will not allow you to reopen with any employer if you have already settled for additional money not to reopen.

Attorney's fees will be capped at what state law allows. Most likely if you get an attorney involved, he will be able to negotiate a higher impairment rating, hence more money.

Neither my husband or I had ever used an attorney before, and didn't see any reason to for his w/c claim. But, the more we refused to take settlement money to give up his future rights, the longer the w/c carrier stalled. We finally had to get an attorney just to put an end to it. We were glad we did.