Workers Compensation Question?

Correct, surgery only helps back problems 1/3 of the time. Ouch, on the injury description. If his employer is unable to accomodate work restrictions, when his permanent functional capacity results indicate he cannot work that position again, they can terminate him. That does NOT automatically terminate his "lost wages" benefits, though. Those can continue for years, depending on a bunch of factors, including what state you guys live in. You probably jumped the gun on hiring an attorney. The suit was not in dispute, and "settlements" are completely NON NEGOTIABLE - they are strictly defined by state law. So hiring an attorney, just added 18 months to your settlement claim, and gave away (depending on your state) 30% of the settlement - unnecessarily. If you didn't sign the paper yet, don't. Again, just because he gets fired, doesn't mean the lost wages will stop being paid. The two are NOT related, when it comes to workers comp. And, he can ask his adjuster himself, to pay for retraining in another career. Depending on what state you live in and your functional capacity results, that is a reasonable demand, and should be ON TOP OF everything else.

Not sure what state you live in, but in some states, the employer is not required to hold an injured workers job. He may be awarded some permanent disability payment, but again the amount and the length of time he would receive these payments depends on the state. Also you may want to find out about retraining. Most states have some sort of retraining program available for people who are unable to return to their date of injury job. You have hired an attorney, ask him/her, that's what you are paying them for. Quite frankly, your husband will get his disability benefits whether you have an attorney or not and you will have to give a percentage of any compensation payments to your attorney. Your husband needs to find a different kind of work to do, otherwise he will sit around the house for the next 50 years and become totally bitter about his life. I could be wrong of course, but he needs to find another way to make a living. Easy for me to say, but that is the best thing he could do.

The day his company lets him go is a decision based upon the extent of your husbands injuries and it is the company's decision. If the company does let him go because of his injuries, then he is entitled to workman's compensation which should be filed through the company. The process in being granted workers/comp. is not easy. but it is fair. The time frame all depends on how fast the company does their paperwork. Once he is awarded compensation, it has a time frame. If, after the time frame is expired, he must file for SS disability. Sometimes, as in your situation, it is better to file for SS disability in lieu of workers compensation. If his prognosis is one in which his injuries are permanent, then disability is the way to go. But be warned, SS disability is not easy to get, in spite of his injuries. You have to get an attorney who specializes in Social Security Disability cases. Money is usually not a problem because these lawyers usually take cases that the know through experience are valid. And the fee for these lawyers is usually 33% of the first check. Without a specialized lawyer, you'll get nowhere. Good Luck.

Not sure what state you live in, but in some states, the employer is not required to hold an injured workers job. He may be awarded some permanent disability payment, but again the amount and the length of time he would receive these payments depends on the state. Also you may want to find out about retraining. Most states have some sort of retraining program available for people who are unable to return to their date of injury job. You have hired an attorney, ask him/her, that's what you are paying them for. Quite frankly, your husband will get his disability benefits whether you have an attorney or not and you will have to give a percentage of any compensation payments to your attorney. Your husband needs to find a different kind of work to do, otherwise he will sit around the house for the next 50 years and become totally bitter about his life. I could be wrong of course, but he needs to find another way to make a living. Easy for me to say, but that is the best thing he could do.

The day his company lets him go is a decision based upon the extent of your husbands injuries and it is the company's decision. If the company does let him go because of his injuries, then he is entitled to workman's compensation which should be filed through the company. The process in being granted workers/comp. is not easy. but it is fair. The time frame all depends on how fast the company does their paperwork. Once he is awarded compensation, it has a time frame. If, after the time frame is expired, he must file for SS disability. Sometimes, as in your situation, it is better to file for SS disability in lieu of workers compensation. If his prognosis is one in which his injuries are permanent, then disability is the way to go. But be warned, SS disability is not easy to get, in spite of his injuries. You have to get an attorney who specializes in Social Security Disability cases. Money is usually not a problem because these lawyers usually take cases that the know through experience are valid. And the fee for these lawyers is usually 33% of the first check. Without a specialized lawyer, you'll get nowhere. Good Luck.