[peteralt]

I have a herniated disc due from a work related injury in 2003. My employer and I file the correct papers for medical treatment which I am using. I have benn for the injections , PT and just about everything except surgery. I have not missed any work at all. Now I find my self taking vicodin just to go to work. My employer noticed this the other day and told me that I should not drive or attend to and life support equipment while taking this medication. ( I am a biomedical engineer). This is my job. Basically my back is getting worse and I have no place else to turn. Should I be looking at disabilty and if I am do I qualify? I am taking to much medication just to get through the day. Help with info

Pete

[4eyedbuzzard]

As you obviously have a work release of some sort from your physician, your restrictions would include that you are able to take the vicodin as prescribed. As your employer can not or will not provide you with suitable work within your restrictions (while taking the vicodin), you should be eligible for temporary total disability payments from your company's worker's compensation carrier until you can return wihout taking the vicodin. Based upon the age of your injury, you should probably be at a medical endpoint/MMI(maximum medical improvement) but apparently you are getting worse. Sounds like you will have some permanent impairment which may also entitle you to a separate lump sum award in addition to the partial wage replacement. You will probably need an attorney, given the fact that you are getting worse and the chronic nature of your problems. You may also be eligible for vocational rehabilitation and training benefits.

But... all this can vary widely between different states(especially in state monopoly vs private insurance states), and some carriers are much more "understanding" and different states more labor friendly than others when it comes to disability status, etc.

If you are denied benefits at any time, are asked to see a insurance company's doctor for an IME(independent medical exam), or receive notice of a hearing regarding your injury or benefits, immediately get a lawyer with workers compensation experience to represent you.

Some states prohibit lawyers from charging clients fees except for lump sum settlements, permanent impairment awards, and hearings/appeals where they don't prevail, other states don't. Call a local lawyer and ask. Don't be shy if you need one.

Hope this helps. I also injured my back in 2003, returned to work for 3 years, then suffered a second injury, returned again and suffered a third. Two different discs, two different states involved, three different employers, two insurance companies, hearings, IME's, subpoenas, etc. And you better believe I have a lawyer. I can't stress this too much. When it gets complicated or drags out like yours and mine, don't rely on your employer, their carrier, or reading the statutes and your own interpretation. It's all very "gray area" law at times. Get a good lawyer.

[hurt neck]

Sounds like you need to see a doctor, and you need to stop working if it makes you condition worse. Open a comp case, and apply for SSA/SSI if your state offers retierment funds, or disability benifits. this will take a year in most states, sometimes sooner. You will get back pay from Social Security from the time you applied, to the time you get approved for benifits. If denied fight it, until you see the Social Security Judge. Also Hire Attorney to help the Comp Case. If you go back to work after comp claim the social security will be on a hold, or until you need social security. You will get medical, and medication from Social security. Could possibly get cash seattlement with comp, and a back check from Social Security. Good luck, it would be a shame if you can't work at what you do. It sounds like a good paying, and rewarding carrier.