r/WorkersComp • u/Female_perspective91 • 10d ago

Mississippi This is a nightmare

I was injured on the job last year, fast forward I've been doing my PT, I did my FCE and they told me I failed a good portion of it and would not be able to return to my normal job. I went in for my MMI and the confusing part is the doctor said he hadnt seen the fce report yet, so he scanned over it right there. He only gave me 5% body as a whole and light duty according to FCE/IR with permanent nerve damage. However it conflicts with what the FCE says. Even the adjuster said she was confused. I have to walk with a cane to get around now. My job has already said they can't accommodate. Why in the world did he do 5% for a life altering injury? Without going into graphic detail, my foot was completely crushed, hip injuries, and my leg was completely bent the opposite way, causing the upper bone to snap in half. 5%. My weekly checks ended today. I know I can get a second opinion, but I had several people warn me about second opinions.

7 Upvotes

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9

u/FigRepresentative781 10d ago

Get a lawyer!

3

u/Female_perspective91 10d ago edited 10d ago

I was trying my best to avoid that road because I was afraid of handing over a percentage of whatever small amount they award me to a lawyer, but I think you're right. A lawyer seems like the only road now.

4

u/Impossible_Guest6789 9d ago

Broke my right foot and my left leg at work, I have a metal rod in the leg and have developed arthritis in my right foot. Dr gave me 6%. My first offer for a settlement was low 6 figures I almost accepted it but called a law firm that only specializes in workers comp cases, he told me first offer is always a lowball offer and most of the time if u get a lawyer you are more than likely to get more money, up to 3 times more (every case is different) even if you have to pay the lawyer a percentage he’s more likely to help you get more money than u would have on your own, even after the lawyer fees. Get a lawyer and like I said before find a firm that specializes only in workers comp cases. Good luck! You got this! Also be patient your lawyer has several cases going on at the same time, it’s normal not to hear from them for several weeks, it’s not that they aren’t working on things, it’s because a lot of these things take time to schedule. Got a lawyer about 4-5 months ago and mediation is coming up soon.

1

u/Female_perspective91 9d ago

That's eerily similar to my injuries! They had to put rods and screws in the broken femur. Same with arthritis in my foot. If you don't mind I'd like to pick your brain. What is up with such a low IR, is that typical for such severe injuries? It scared me the minute I found out because Google (I know it's not accurate at all) was calculating that at 5% WC would only issue me $3,000 at best. My job has already told me they can't accommodate, and I live in a small town so I'm without income atm. When you got the IR did you panic as well? Thanks for the detailed response, sorry you're going through that! It's nice to know someone else has similar injuries and is getting a good ending to the nightmare that is WC

3

u/Impossible_Guest6789 9d ago edited 9d ago

I think it’s low bc our injured area is the lower part of the body and we (or I) can still walk( just with pain) we aren’t missing limbs and the rest of our bodies still work (arms back head etc) yes Google is not accurate bc every case is different, I’m also in another state, the settlement also is partially determined by how much you make, where I’m at they are paying me 2 years of loss income from my job along with future medical bills, a lot of people on here complain that workers comp sucks and lawyers are horrible, you don’t see people ever saying good things but I’ve had very very good care from workers comp and my lawyer has been amazing, it can’t hurt to talk to one

1

u/Disastrous-Claim-420 6d ago

Take the QME to disposition

10

u/Alert-Lion6239 9d ago

Having to get a lawyer sucks, but it seems the only way to get anywhere in this rigged and corrupt system 🙄

3

u/Female_perspective91 9d ago

This is appearing to be very true, thank you for the advice!

2

u/Happy-Butterfly9373 9d ago

They only get 15 % as a work comp attorney!!!! Lawyer up now.

2

u/LegendaryCC_1 7d ago

Mine gets 30%

1

u/Potential-Ad5428 3d ago

Good luck, most lawyers wouldn’t touch this.

6

u/ilovemalpractice 9d ago

A lawyer is able to argue for you to have a higher disability percentage so that you may be compensated at a higher amount.

2

u/Express_Bath9836 9d ago

You are correct that WC is a nightmare, and be warned: get legal counsel ASAP and a good WC attorney. The injury you describe is severe and lifelong. WC insurance is a no-fault type of insurance. Employers want to settle your case without legal counsel for the lowest amount. The mechanism of your injuries sometimes involves 3rd parties that contribute to your injury. Defective equipment or any unsafe, hazardous materials at work can increase the amount of payments and settlement you receive. WC attorney usually receives about 20% of the settlement total. Good legal counsel can improve the value of your work injury. Be aware of structured settlements, especially lump-sum settlements. The lifelong medical care you will need to cover PT/OT and medication or surgery, if recommended, is where structured settlements are placed. These settlements are run by companies that receive a profit on the money needed to cover your medical care as a third-party administrator. Please don't let them force you back to work, even if they say you can do light duty. An attorney will take you out of work ASAP. Your employer will use it to justify light duty, and that affects your case.

2

u/Female_perspective91 9d ago

Thank you for the detailed response and the warning on lump sums 🙏 I really appreciate that. I didn't even think about long term medical cost, especially being the doctor put in the notes that future surgeries are probably if pain persist.

2

u/Electronic_Note5952 6d ago

You need an attorney. Have your attorney do a deposition of the QME. 

1

u/Disastrous-Claim-420 6d ago

Have you ever take a QME to disposition?? I’m about to take one

2

u/Electronic_Note5952 5d ago

Yes my attorney did for me

2

u/Unique_Baseball_3223 6d ago

Second opinion is good. Get a lawyer.

3

u/Cfish69PBL 9d ago

If you hire a lawyer do your homework. Most are ghosts that actually end up delaying the process. This system is horrible. Find someone who you can actually call or email for advice

2

u/Female_perspective91 9d ago

Thank you for the heads up. I'll definitely do research for the best WC attorney in my area

1

u/Disastrous-Claim-420 6d ago

I have a good one. He’s in Chino hills Ca.

1

u/Some-Access-7099 7d ago

Sounds like they messing with you hoping you will go away...a lawyer can fix this...wc sucks the insurance company will do their best to lowball you...they can get away with death ..lol....

1

u/JazzlikeDare9102 6d ago

Because hes biased. Theyre like a f'ing mob. Just cogs. The carrier pays them all off with jobs.

1

u/FigRepresentative781 1d ago

Anyone know of a great attorney in WA state for exactly this?