Dear Vicki,

I had 4 ruptures from L2-S1 in Mar of 1994. I also had a C5/6-
6/7cervical injury. They were work.comp injuries.

I have waited 9 years and have suffered severe financail difficulty
due to the life changes, monetary changes and family changes. My
husband has changes jobs to be here to help me and/or our
children, now ages 17, 11 and 9. We even moved due to CA high
housing costs. We now live in TX.

I am not sure if there are any pain and suffering settlements in
workers comp cases. There are 10% damages for late payments on
compensations (salary payments), or reimbursement for mileage
out of pocket payments you make etc.

Then based on the AME (approved medical examiner) evaluation of
you when you are sent to him/her and the suspected total
perm.disability given by him, you will be offered a settlement based
on the type of job you held when you got hurt, retraining ability and
whatever other things your state decides are needed! *grin*

Oh, and by the way, the comment I got when I asked why they
hadn't approved my seeing a counselor based on the only psych
eval done on me 18 months after my injury was: "This started as a
back thing, is it a head thing now?"

I was so embarrassed and surprised by that response, I said "Sorry"
and hung up the phone softly. It took 3 years and 14 days to get a
psych appointment. Shortly after I was diagnosed with clinical
depression. It took 2 hospital visits with cardiac problems to get
them to decide that maybe I needed to have some psych care.

Einsteins they are not. Both of my surgeons over a 3 year period
requested I get psych care to no avail. I was 36 when hurt in 94 and
had a 5 month old, 2 year old and 8 yr old. I was a school teacher,
HS and college sports official and coach. I possessed a black belt
and enjoyed working out and teaching karate, playing rec softball
and basketball, both of the latter played on men's teams.

It will take a couple of years and a lot of correct therapy to get your
injured body part to heal properly. Although you don't see it now, the
pain will diminish in time.

If you have a good attorney, then concentrate on getting better.
Rest and don't try to push past it, You will only damgae it. Instead
make sure the PT offered is good for your situation and discuss all
the options after having an MRI and mylogram to see exactly where
the herniation is in compared to the root sleeves nerves of CNS.

Every state has different w.c. laws, so your attorney will be able to
tell you what type of settlements are possible. But for the most part,
pain and suffering is not a part of w.c. W.C. is solely based on the
injury you have received and how much perm. disability you haved
based on that injury, your age and the type of job you held when
you got hurt.

Best of luck. Try to relax and let the lawyer handle it. Any reduction
of stress will help you heal that much better.

Sincerely,

LT

> Good morning everyone!! My name is Vicki Hannon, and I suffer (wish
> there was a stronger word for it) from herniated disc pain in my
> neck,betweev c5, and c6. I injured my self at work a year ago the 17th
> of this month. The insurance group did'nt start paying me worker's
> comp until September. We have a mediation on Nov. 13th. I have a
> lawyer, and all that, but I am curious...what do ppl usually get for
> settlements for these things??? I hardly see us aggreeing on anything
> at mediation since this insurance group didnt respond to my attorney
> but a very few times, and we still havent gotten everything we have
> asked for...a TMJ specialist,becuase after a week after the injurt, I
> woke up, and couldnt open my mouth.(my husband was delighted!!) and it
> hurt like he#% to open it to eat. I get flareups from time to time,
> and oh, brother, they hurt. Then, 2 out of my 3 docs asked for a psych
> eval, the earlieat in April....do you think I have seen an
> Psychiatrist??? My lawyer told my husband and I that this insurance
> company has litterally "tortured the both of you" What can I get in a
> settlement?? can I ask for pain and suffering??? I have hurt every day
> for over 365 days now..and I know there are more who go even longer
> than that. Can anyone give me a clue????? Vicki Hannon..PS..I am an
> RN,too
>
>
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