permanent partial disability

[ann1861]

I was injured in 2005 and now have to wear a leg brace for the rest of my life, my ins wants to give me 4,000 for a scheduled loss of use or 10,000 to close, the IME said it is a permanet partial disability and I should be classified as such. My attorney is saying because I work now I wouldnt get any money if they classify me because I make more now then I did when the injury occured. 10.00 and hr versus 18.00. I am a licensed cosmetologist and can never go back to that,but he said it doesnt matter because I wasnt doing that when injured. Im not sure what would be best in the long term. Can anyone offer advice? This was in NY

[1171]

i suspect the $6000 difference represents the potential medical costs they might incur if your case was left open.
you should evaluate your long term medical needs: brace replacement and maintenance, periodic doctor visits, etc. and see if the $6K is adequate.

[bronco54501]

Your state would be required, for info is state specific... We know you ware a brace, what was your injury...? Do you have perm restrictions...?

[Cervical_Fusion]

In my state any impairment percentage pay out is based of off you wages on the date of injury, not what a person currently makes.

[ann1861]

(04-14-2011 12:16 PM)bronco54501 Wrote:  Your state would be required, for info is state specific... We know you ware a brace, what was your injury...? Do you have perm restrictions...?

I was working at a daycare at the time ,trying to have my hairdresser license changed from NJ to NY . I was sitting on the floor in the infant room and an 18month old plopped on my knee and it dislocated to behind my leg. After being imobilzed for weeks , it came to be that it would not stay in place and it required a surgery, then another, then another.All big surgeries, my scar looks like I had a knee replacement. Anyway I lost the muscle in my quad and it no longer supports me and gives out ie the brace, which also has step assist because my leg drags sometimes. I now have developed a chronic compartment syndrome in my lower leg because of the fascia needing to be cut during surgery so the muscle herniates when I put weight on it. I can sit but not for long periods and can walk short distances.I can lift, bend,squat,get on knees, jog ,run stand for more then 15/20 mins etc. Im very limited. This is why I now work at a desk

[bronco54501]

(04-14-2011 12:52 PM)ann1861 Wrote:  

(04-14-2011 12:16 PM)bronco54501 Wrote:  Your state would be required, for info is state specific... We know you ware a brace, what was your injury...? Do you have perm restrictions...?

I was working at a daycare at the time ,trying to have my hairdresser license changed from NJ to NY . I was sitting on the floor in the infant room and an 18month old plopped on my knee and it dislocated to behind my leg. After being imobilzed for weeks , it came to be that it would not stay in place and it required a surgery, then another, then another.All big surgeries, my scar looks like I had a knee replacement. Anyway I lost the muscle in my quad and it no longer supports me and gives out ie the brace, which also has step assist because my leg drags sometimes. I now have developed a chronic compartment syndrome in my lower leg because of the fascia needing to be cut during surgery so the muscle herniates when I put weight on it. I can sit but not for long periods and can walk short distances.I can lift, bend,squat,get on knees, jog ,run stand for more then 15/20 mins etc. Im very limited. This is why I now work at a desk

I'm thinking typo error, can or cant.???

[ann1861]

(04-14-2011 12:55 PM)bronco54501 Wrote:  

(04-14-2011 12:52 PM)ann1861 Wrote:  

(04-14-2011 12:16 PM)bronco54501 Wrote:  Your state would be required, for info is state specific... We know you ware a brace, what was your injury...? Do you have perm restrictions...?

I was working at a daycare at the time ,trying to have my hairdresser license changed from NJ to NY . I was sitting on the floor in the infant room and an 18month old plopped on my knee and it dislocated to behind my leg. After being imobilzed for weeks , it came to be that it would not stay in place and it required a surgery, then another, then another.All big surgeries, my scar looks like I had a knee replacement. Anyway I lost the muscle in my quad and it no longer supports me and gives out ie the brace, which also has step assist because my leg drags sometimes. I now have developed a chronic compartment syndrome in my lower leg because of the fascia needing to be cut during surgery so the muscle herniates when I put weight on it. I can sit but not for long periods and can walk short distances.I can lift, bend,squat,get on knees, jog ,run stand for more then 15/20 mins etc. Im very limited. This is why I now work at a desk

I'm thinking typo error, can or cant.???

---

(04-14-2011 12:55 PM)bronco54501 Wrote:  

(04-14-2011 12:52 PM)ann1861 Wrote:  

(04-14-2011 12:16 PM)bronco54501 Wrote:  Your state would be required, for info is state specific... We know you ware a brace, what was your injury...? Do you have perm restrictions...?

I was working at a daycare at the time ,trying to have my hairdresser license changed from NJ to NY . I was sitting on the floor in the infant room and an 18month old plopped on my knee and it dislocated to behind my leg. After being imobilzed for weeks , it came to be that it would not stay in place and it required a surgery, then another, then another.All big surgeries, my scar looks like I had a knee replacement. Anyway I lost the muscle in my quad and it no longer supports me and gives out ie the brace, which also has step assist because my leg drags sometimes. I now have developed a chronic compartment syndrome in my lower leg because of the fascia needing to be cut during surgery so the muscle herniates when I put weight on it. I can sit but not for long periods and can walk short distances.I can lift, bend,squat,get on knees, jog ,run stand for more then 15/20 mins etc. Im very limited. This is why I now work at a desk

I'm thinking typo error, can or cant.???
cant

[bronco54501]

I was just clarifying, I was hoping thats what was meant... Because if you were still able to do that (jog) thats a lot of stress on the knee. It's reality, we get injured, most never come close to performing many of the tasks we once were able to do.. And there is no such setttlement ever worth what we loose..