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looking for some help please
we are new to the work comp dealings........husband injured at work march 2006. has been diagnosed with rsd, and is having the scs implanted...
work comp gave us a hard time in the beginning, but is now paying medical/ scripts, travel etc........ our question is.......what are we supposed to expect? what are our rights? after two years, his employer is going to automatically medically retire him, as they do not allow light duty....he must be 100% fit to work as a police officer.........no implants allowed..............so he is still young, 47, and is being forced to retire next year in march.............. he will get his retirement at a decent %, but what will work comp do? they offer him a settlement? how do they figure this out? i think open medical is a MUST with rsd, but am not sure if it is allowed... we are in michigan, but most of the posts i have read, deal with california........... should work comp be paying for his care at home? i have basically changed my life to care for and help him.......(i am not complaining,) but should work comp be compensating ME/? any links or answers would be greatly appreciated..........thanks should he wait until after all this is said and done next year to apply for ssd? |
work comp is governed by state statutes. They outline everything. Whomever is paying the bills should provide you with all of the pertinent information, including retirement, or permanent total disability ( the work comp terms for retirement) with what you describe that might be hard to get. It requires doctors to certify that one is unable to work.
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Don't most police officers have a union? I don't know if they would be of any help though.
Comp Ins carrier should have sent you some information. Your state should have WC info on the state website. I do suggest getting a work comp atty to help you get thru the details and paperwork. Interview many before signing with one. { many are just out to get their 15% cut of a settlement without really working for you} check thru our stickys here- http://neurotalk.psychcentral.com/showthread.php?t=1117 michigan state site- http://www.michigan.gov/ found the WC pages- http://www.michigan.gov/wca It's really hard with comp to try to give detailed scenarios of what will happen. But in general some things to remember- the Ins comp carrier is not a friend, don't discuss claim with any co workers or employer {only basic info if required} get copies of all letters, records and tests - keep them organized do as your treating dr says - as far as all activities and limits- {if a major/chonic injury or big money claim they may be watching} Much depends on the injury itself & how it came about. - an acute accident with witnesses? vs a repetitive or soft tissue injury that has developed over time? as far as compensating you for care giving- most likely not unless dr states that some care is needed - but they most likely will suggest a professional if required. But yes with RSD ongoing open medical is a good idea. { you will need firm proof by expert dr/drs that it was caused by the injury} |
workers comp usually has nothing to do with your companies retirement benefits. permanent total or permanent partial disability may be the outcome of the case.
the only way to find out what wc on your state will provide is to speak to a wc lawyer. the benefits your husband is entitled too from his police work should be available from the union. |
thanks for the links
my husband is being forced out of work....they won't allow him to work if he is not 100% fit.....so he will automatically be medically retired................
we know work comp is not a friend, altho the ime they sent us to, comfirmed the diagnosis of rsd, and also agreed with the plans for the scs.......... work comp has never sent us any info, and neither has my husbands union...........we do have an attorney through the union.....so we will be setting an appt. with him for details........... thanks for the replies........... |
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