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cynatnite · 01-20-2011, 06:47 PM

The husband is a truck driver. While on the road he fell and injured his right leg. This happened July 2009. There has been extensive physical therapy and arthroscopic surgery. Then there was even more physical therapy.

Today we got the letter from the doctor. It said that my husband has a 10% permanent disability. There are lifting restrictions which may put him out of trucking altogether. Finally, it said that this also correlates to a 4% whole person disability.

Also, the letter specifically states that he is at risk of a full meniscus tears and arthritis in the future. He has reached his maximum improvement status.

The case is being handled in Nebraska where the employer is located.

Does this mean he is permanently disabled and not able to go back to work? Or does he have to find work that can keep him within his restrictions? Will there be a settlement with this and if so, will it be enough to see us through financially should this keep him out of work at least until he can find some other line of work...if it's possible. He's in his 40s now.

We're not sure what to make of all this and it has us worried.

1171 · (This post was last modified: 01-21-2011 01:30 PM by 1171.)

Does this mean he is permanently disabled and not able to go back to work?

no.
it means he is permanently disabled and can go back to work within the restrictions given.
if the current employer cannot provide work within the restrictions, he needs to find new employment.
there will be additional disability benefits limited to the rating.
the benefits don't depend on when he finds work.
more information:
http://www.wcc.ne.gov/faqs/faq_employees.aspx#6
for information on vocational rehabilitation
http://www.wcc.ne.gov/vr/vocational_rehabilitation.aspx

jayne · 01-20-2011, 08:44 PM

does he have a CDL if so he will have to pass their testing.....10% maybe not bother him at all in his field if he is a driver that doesnt have to load and unload his truck or ever have to change a tire...

cynatnite · 01-20-2011, 09:48 PM

(01-20-2011 08:44 PM)jayne Wrote: does he have a CDL if so he will have to pass their testing.....10% maybe not bother him at all in his field if he is a driver that doesnt have to load and unload his truck or ever have to change a tire...

Yes, he has his CDL. It's possible he could find a driving job. The lifting restrictions are no more than 45 lbs, less than 35 from waist to shoulder, and no carrying more than 30 lbs.

Now, I know there are companies with 99% no touch freight which might be okay. We'd still have to get this past the physical. That's where we're having our doubts. Not only that, the doctor specifically stated there are instability issues and that he is at risk for tears and arthritis. That could also present a problem, too.

If we thought he'd get a decent enough settlement for getting an education and supporting us, that would be a good alternative. This is another reason why we're worried. He's got a family to support and we're afraid this could leave us worse off. It'll be another year before I finish school.

Thank you!

jayne · 01-20-2011, 10:21 PM

settlement will be next to nothing... you can check the urls 1171 gave you and get an idea of what your settlement is worth....

1171 · 01-21-2011, 01:27 PM

no the settlement is not likely to provide a years worth of earnings and education.
voc rehab is about finding a new job with current skills. it is not for providing an education.

cynatnite · 01-21-2011, 08:22 PM

(01-21-2011 01:27 PM)1171 Wrote: no the settlement is not likely to provide a years worth of earnings and education.
voc rehab is about finding a new job with current skills. it is not for providing an education.

We know what money we're getting. No, it's nowhere near enough. As I understand it a vocational counselor will be in touch with us so we're hoping for some helpful news.

Thanks for all the information. This is an educational experience.