Workmans Comp ?????

Updated on August 16, 2010
T.R. asks from Atlanta, GA
7 answers

My husband had surgery in Nov 2009(Torn Tendon in Foot) and is collecting workmans comp. Now thats coming to an end and he has been classified as Temp Partially Disabled with limits. Does he qualify for SSI or unemployment ??What to do now? Has anyone been through this issue he is only 36yo..

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So What Happened?

THanks everyone this info is really helpful . My hubby thing is workmans comp is offering a settlement but how does he know what's fair and he got injured on his job at Honda parts warehouse they instantly said that they don't have any light duty.

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S.B.

answers from Redding on

In California, if you get injured on the job (Worker's Comp), they have to offer you a position, if at all possible, with lighter duty. For instance, a police officer gets hurt in the line of duty. His injuries make it so that he can no longer be out in the field on patrol, etc. They can find a position for him within the department doing something else. Now, for instance, in the case of a severe head injury, where mental faculties are damaged, etc, that would be where SSI disability would come into play. It's very difficult to get because they always deny you, at least a couple of times and it has to be proven that for the rest of your life you are incapable of x, y, and z and then they put a percentage on it. It's very complicated and takes quite a while.
Your husband can't get unemployment if he is still declared "too sick or injured to work". He will have to be completely released by his doctor and then whether or not he qualifies for unemployment depends on his "eligibility period".
If he is classified as temporarily partially disabled with limits, I believe that means he can go back to work where he was working as long as they have something he can do that doesn't require him to perform duties beyond his limitation. If the employer states they can not or will not bring him back, that's when you look at other avenues, but for the most part, employers make every accommodation possible.
The first thing you need to clarify is whether or not he has been released to go back to work, with limits. If so, the first place to turn is his employer. If not, then perhaps state disability will help until he finds another job in his capacity, but that's temporary as well.
A torn tendon in your foot that's been repaired can take a long time to heal, but it shouldn't render you disabled for the rest of your life and like I said, SSI disability is very hard to get.
I broke my leg pretty severely, not at work, but when disability ran out, it ran out and I was encouraged to apply for SSI. However, that process could have taken a year and, I didn't want to be labeled as too disabled to function. I won't be in a wheelchair for life. My mind still works. My fingers work. And, in the time it would have taken all that to be turned down anyway, I'm getting around on both legs just fine.

I wish you the best, I really do. Injuries really suck. It sounds to me though that your husband needs to ask his employer to get him back to work on limited duty. I work at a hospital and they bring employees back on limited duty all the time.

Again, best wishes.

1 mom found this helpful
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C.D.

answers from St. Louis on

I went through this with my back. You need to get a lawyer. The 25% they take out of any money you might get is worth it. Try to find one that will give a free hour to you and after they say what you should expect then talk it over with your hubby. You can talk to more than 1 lawyer and then make a decission. Good luck, it's a very long and hard road.

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D.N.

answers from Chicago on

You need a lawyer to get through this. In Illinois, the limit the lawyer can take is 20%. Most states do have limits to the amount a lawyer can take from any wc settlement. Your hubby may qualify for some SSI disablility. He has to have so many years worked and then so many quarters up the time he applies so you may want to go the the SSI site to check it out now. I think it is www.ssi.gov. My husband is back at work with limits, they found a job for him but could have said they had nothing. There are also restrictions and statutes of limitations for filing claims so you want to get working on this ASAP. Your husband could get back to work and have a settlement due to his disability and this can take a really long time. Make sure any lawyer you get is a WC lawyer and not a personal injury lawyer.

L.M.

answers from Dover on

Laws very by state so check with your local Dept of Labor but typically unemployment is for those who are fired or layed off but available for work. Those that were injured at work may be eligible for compensation (a settlement of sorts) from the company and/or disability. Check w/ the local social security office.

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K.S.

answers from Kansas City on

Check with your state, but in the mean time, can't he get a job where he sits on his butt and doesn't have to stand or do any walking?

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A.S.

answers from Eugene on

To qualify for ssi he not be able to do any work at all. Disabled completely.

Workmans Comp??? Did it happen on the job? He should go back to his old job. If he can't do it all the way, they have to find him something.

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J.J.

answers from Albany on

Did he draw 400 weeks? I think that is the law and most insurance try to
get you to take a settlement.In GA it's 400 weeks. I'd start the disability process in case he's elegible. Call social security for an appointment.
If he's not able to continue in his job he should get a settlement or 400 weeks of Workman's comp. You can get a free consultation with a lawyer.

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