Settlement For a On the Job Herneyated Disc?
Asked by robert r
Was hurt on the job, had MRI Showed I had a Herneyted Disc. Have been off work since feb 2009. It is a longshoremen Comp case. I never collected Comp, They worked me Lt Duty, Office. I am a diesel Mechanic. The Company Adjuster has fought this tooth and nail. i have not recieved a dime. I have been put on 1 year Medical leave Because My doctor put me on a 50lb work lift restriction. My job states 75-100lb lift. My Lawyer has had owcp meetings with the adjuster and the dept. of labor with no results. it will take 6 months for a hearing just to get to court. I am on food stamps and can not make ends meet. My dissability claim was filed weeks ago and still waiting. I am now homeless. My question is how much of a settlement should i accept? Or will i even recoup all the money lost. my lawyer is fighting on but somtimes i have no faith. Thank you bob raynor.

Best Answer:
Workers' Comp insurance companies know that time is on their side. They will stall by claiming they never received paperwork, requesting hearings, and any other tactic they can think of. You didn't say what state but the only state for which I have first-hand experience is New York. The amount WC pays is dismal. NY will pay me less for one week than I was paid for a day. Your lawyer is one who should answer most of your questions. Send him or her a letter with your questions and ask to set up a time for you to speak to someone. Double check with your doctor. When I had a herniated disc, I had days when I couldn't lift 10 pounds, much less 50. (The herniated disc is not my WC injury. That was my shoulder.) My disc was replace with something called Pro Disc (http://www.spine-health.com/treatment/artificial-disc-replacement/total-disc-replacement—prodisc) Not everybody is eligible for the surgery, but for me it was amazing. The surgery is still new in the US. When mine was done six years ago, only 18 surgeons were allowed to install a Pro Disc and I was part of the FDA study. Good luck. Gary