[gettingirritated]

I am awaiting a 3-disc spinal fusion surgery (which has been allowed by WC, I live in Ohio). I am not really sure I want to have this surgery. Everyone I have talked to who has had this surgery, does not recommend it. I am just now starting to receive TTD from WC. I am considered 100% disabled by my doctors, and am obviously not being given any guarantees even after this surgery that I will ever work again and am told that future surgeries will "most likely" be necessary.

Question #1 - What would happen to my WC TTD if I do not have the surgery?

Question #2 - Can I apply for social security disability at this point, even if I am on work comp, or does it have to be one or the other?

Question #3 - If I elect not to have this surgery, would work comp want to settle my claim with me just to get rid of me? If so, what kind of a figure should I be looking at, just ballpark, as I know it would just be a guess, but I do know someone who settled for $15,000 20 years ago.

I have tried discussing this with my attorney, but he seems to be insisting that I have to have the surgery. I don't feel I should be forced to do this if I really don't want to have it.

Thank you for any input or suggestions.

[Mr. Knowitall]

Your rights vary depending on your state, as workers comp laws are different in each state.

If you don't have the surgery, your comp carrier may try to cut you off on the basis that you are declining necessary medical treatment. If you're interested in avoiding surgery or settling your claim, you should consider talking to a workers comp lawyer in your state.

You can apply for Social Security Disability benefits, but normally they would substitute for workers' compensation or you would be paid your W/C benefits only in excess of the Social Security benefits. Again this varies by state.