Workmans Compensation Claim For A Sc Disability

[COOL BREEZE]

Sorry I have not been able to post for quite sometime.

I was injured on the job last month. At my work they had removed my HR chair and gave me a new chair. This is one of those high elevated chairs as my work station is elevated.

Once I sat in this chair, it automatically went backwards 3/4 or so(luckily didn't wind up on the ground).This happened about 4-5 times with witnesses. This new chair didn't come with a locking adjustment to keep chair in upright position such as my previous chair. That chair was a fixed back.

I had doctors orders for that type of chair. At any rate I suffered back and neck pain and went to a urgent care clinic. These or good for a cough, cold, or minor issue, not like mine.

Any how, 3 office visits and ER visit to the hospital within the last month. Oh, and no work for the last 2 weeks due to this issue.

I explained that I was in an helicopter crash in service, numerous rear end accidents with whiplash over the years, however I was in no pain previous to this incident. Thats why I was sitting in a HR approved chair to prevent this from happening.

Now I am on light duty, which means sitting at home(laying down) as my job doesn't have light duty. (no complaint there.)

They order an MRI which they paid for which shows many issues. Doctor at ER said I also have a pinched nerve(never went away)

How much or any of this issue could I send in now on a NOD claim 3 years old? Would it help?

Anyhow, I find this highly unusual. Doctor said I could go back to work with the following restrictions(laugh if you will-it is hilarious)

1. No driving to work under medication. Gee-how are going to deal with pain.

2. No prolong sitting(thats all I do)

3. No standing. Gee-I can't even walk in the door.

4. No bending, pushing, pulling)can't open my soda pop.

5. No use of either hand..

My concern was, how could I be issued a return to work form with these restrictions. (couldn't even use the toilet with these restrictions with all my restrictions.

Now I wait to see an Orthopedic specialist. Wonder what his list will be.

At least I get a 66 & 2/3% every month.

With what my MRI says, it means big, big trouble. I have DJ disease and compression, I wonder since this showed other issues, what my chances of returning back to work. With this stuff, even if the neck pain goes away temporarily, It could easily flare up again. And if it did, it would follow under -Unscheduled injuries which are injuries that are not Scheduled. For example, backs, necks, shoulders, etc. Unscheduled injuries may also be based on other considerations such as previous injuries and disabilities. A lawyer is recommended to sort these considerations out. Compensation for an Unscheduled injury is based on the effect the injury has on your ability to return to work and the wages you are able to earn compared to your average monthly wage.

And if this happened, then perhaps SS would finally approve this as you can receive both.

[john999]

Try and keep your VA and OWCP claims separate. If you file papers saying work related accident aggravated sc disability

you may have to choose between va and owcp benefits for the same injury at some point. For instance, a vet says job has aggravatd his sc ptsd. He goes out of work on owcp. Owcp will check to see it vet has sc for the ptsd and if vet has is applying for increase to va this may cause big problems between va and owcp benefits and there could be overpayment.

[Chuck75]

This looks like it might be a good idea to apply for SSDI, along with TDIU. TDIU is tax free. SSDI can be, if taxable income is low enough.

Edited November 5, 2012 by Chuck75

[Teac]

I was medically retired from civil service because of my service connected back disability. My back was reinjured on the job and it was determined that they didn't have a position that I could fill. My doctor didn't want me on any stairs, my office was in a basement of the old Fort Bragg morgue and there was no elevator so they sent me home on administrative leave for three months until finally I was medically retired. I also ended up with SSD. I wasn't given workman's comp.. instead I was paid until I retired. My medical was already free so wasn't anything I could get on workman's comp over and above what I already had. You should not have to choose between va comp and workman's comp.... I don't know if you work civil service like I did... but I draw civil service retirement based on my service connected injury.. so it may not be an issue where you work either...good luck

[COOL BREEZE]

Still waiting for my referral to a specialist.

I am on light duty with the following restrictions:

-No walking, standing, bending,pushing,pulling, the use of both hands for computer use. I wonder if I am allowed to breath? Also not permitted to drive vehicle to work while taking medication. Shall I pay for a taxi everyday?

With that in mind, company doesn't have any light duty. Therefore, I at home drawing 66% pay until further notice.

Temporary partial disability is paid while you are still receiving active medical care, but have been released to work with restrictions, often referred to as "light duty" work. If your employer cannot accommodate your restrictions, you will receive full compensation of 2/3 of your regular wage, but paid every 30 days. Therefore these are the rules in accordance with my state. Each state has different rules.

Having a neck or back pain injury at work and being returned to work at this job with no restrictions seems unlikely. Once you have that injury, it is easy to re- injure that area.

Unscheduled injuries are injuries that are not Scheduled. For example, backs, necks, shoulders, etc. Unscheduled injuries may also be based on other considerations such as previous injuries and disabilities. A lawyer is recommended to sort these considerations out. Compensation for an Unscheduled injury is based on the effect the injury has on your ability to return to work and the wages you are able to earn compared to your average monthly wage.

So, even though I have my neck issue appealed under a NOD for the last 3 years, I will keep that going. In fact, workman comp paid for an MRI of cervical area which I plan on mailing in as addition evidence as the issue is once increased in pain since original filed and I appealed my NOD.

I sure have been catching up on movies lately!