Shoulder Injury and Possibility of a Workers Comp Settlement

[slickylicky]

My question involves workers compensation law for the state of: Indiana

I suffered a torn labrum last July.. I had my first surgery on Oct 30.. and second one on feb 24.. Im facing a possible third surgery... Im not responding to any PT and I had two shots of injections last month after a MRI shown a possible reacurrent tear... Im going to the DR next week followed up by my attorney the next day.. What I'm basicly asking is.. Im 26 and as of right now.. I can not lift a 3 pound dumbell up and down and to the side...If I chose not to have another surgery.. Is there a chance that I could be placed on permanent partial disability? I've already been told by the DR that returing to my job (lifting bags for Airline) is 100% out of the picture.. So, Im kinda looking towards the future that would include going back to college to finsh up my 4 year degree in flight school...But, with that said could I get a max 500 week settlement? So I could pay for schooling??

[greentree]

My question involves workers compensation law for the state of: Indiana

I suffered a torn labrum last July.. I had my first surgery on Oct 30.. and second one on feb 24.. Im facing a possible third surgery... Im not responding to any PT and I had two shots of injections last month after a MRI shown a possible reacurrent tear... Im going to the DR next week followed up by my attorney the next day.. What I'm basicly asking is.. Im 26 and as of right now.. I can not lift a 3 pound dumbell up and down and to the side...If I chose not to have another surgery.. Is there a chance that I could be placed on permanent partial disability? I've already been told by the DR that returing to my job (lifting bags for Airline) is 100% out of the picture.. So, Im kinda looking towards the future that would include going back to college to finsh up my 4 year degree in flight school...But, with that said could I get a max 500 week settlement? So I could pay for schooling??

yes, you could have some partial disability.

i don't think you understand how permanent partial disability payments are calculated.
see chapter IX in the handbook
http://www.in.gov/wcb/handbook/HANDB...nforImpairment

it is currently under revision but it'll give you a better idea as how disability is figured.

[slickylicky]

Thank you for the webpage.. after reading and somewhat understanding the guidlines.. I was wondering if could I fall under Permantant Total Disabilty? I don't think I would but,it says "Awards are paid when it is established that the employee will never again be able to work in reasonable employment" At the current state of my should/arm.. I don't think there would be many jobs out there at the current economy that I could apply to without a degree or past experience. I talked to my manager about possible other jobs at the airport but those jobs have weight restrictions at 50 pounds for both arms.. Heck its even hard for me to use a puchbroom on my driveway with out pain.. Im all new to this..I never thought at 26 I would be at this current state but it is what it is.. And also would I get a Total body rating plus my shoulder/arm rating or just 1 or the other? Thank You!

[FullAuto]

I'm going through almost the same thing as you are. I tore my labrum last June. My first surgery was Sept. 20. My second surgery was 2 reconstruction procedures on Dec. 7. I'm still limited to <5lbs. My range of motion is maybe 60% of what it should be. I'm far enough out post-op that I don't think there are any large gains left to be had.

You won't be totally disabled. Your shoulder rating will be calculated into a total body rating so they can pay you. If you can't return to your job, you should probably qualify for some kind of training for a new job. Don't expect too much this soon. The healing process for a shoulder is upwards of a year.

[greentree]

Thank you for the webpage.. after reading and somewhat understanding the guidlines.. I was wondering if could I fall under Permantant Total Disabilty? I don't think I would but,it says "Awards are paid when it is established that the employee will never again be able to work in reasonable employment" At the current state of my should/arm.. I don't think there would be many jobs out there at the current economy that I could apply to without a degree or past experience. I talked to my manager about possible other jobs at the airport but those jobs have weight restrictions at 50 pounds for both arms.. Heck its even hard for me to use a puchbroom on my driveway with out pain.. Im all new to this..I never thought at 26 I would be at this current state but it is what it is.. And also would I get a Total body rating plus my shoulder/arm rating or just 1 or the other? Thank You!

yes, the inner working of workers compensation and especially those involving disability ratings are complex.
I agree with auto -permanent partial is the standard for injury to a single appendage-even the loss of an arm is not totally disabling.
what's reasonable to you and what's reasonable under work comp laws is likely very different. your rating would have to be closer to 100% to try for total disability/unemployability.
total body rating would be used for permanent disability computation.

do check out vocational rehabilitation services in your community. getting back into the workforce as soon as possible can mitigate much of the financial loss from an injury.

[slickylicky]

Thanks for all the advice.. Do, I have the right to refuse any other surgerys that my DR might advise me to take?? He said something about it last time before we decided on the injections.. I feel like its just time to move on to the next stage..

[greentree]

Thanks for all the advice.. Do, I have the right to refuse any other surgerys that my DR might advise me to take?? He said something about it last time before we decided on the injections.. I feel like its just time to move on to the next stage..

of course, medical advice is just that: advice not commands.

[Dogmatique]

That's true, but refusal of recommended treatment can affect things immensely.

[slickylicky]

Visited the Doc today.. We discussed whats been going on and everything.. He gave me the option of another surgery because he believes its still torn or to move on.. I chose to move on and I have a FCE test next week..