Permanent Impairment to Ankle/Massachusetts

[fairycatz]

Hello to All! Before I start, want to say how great everyone here is and what a valuable resource! I recommend it all the time!

Live in CT but work in Massachusetts. Fell and broke my ankle, open and complicated, Feb. '08. Still undergoing treatment for DVT and nerve stuff. Will have some permenant loss: range of motion, a limp, pain, and who knows what down the road.

Have been released to return to work with only a weight lifting restriction, and was released with several restrictions in November. Due to economy, employer does not have a position and I have been unable to find one on my own. WC Ins. is offering to settle the wage indemnity portion of claim, which I will probably accept as it is a decent amount equal to 6 months and I am ineligible for unemployment bennies.

Ins. also is offering to settle a "Permanent Injury" award. The amount is vry low, $3000. I have refused it, as I am still undergoing treatment, so who knows what will follow. But I am curious, and have looked online with no luck: what determines the permanent injury amount, %'s etc. Doesn't a Doctor have to rate me? Is it different state to state? Is there a chart somewhere?

In Mass, your medical stays open, so that is not an issue here.

I have a third party case going on in this matter, as does WC. I have an attorney for that, who has advised me on this. But I would like more info, if any.

Any help is appreciated. As is any one who has gone through similiar ankle injury, or lower extremity DVT-would like to know what the future might hold. Doctor's give such vague answers!!

Thanks to all in advance!

[Bad Boy Bad Boy]

It's not so much the Injury, but it is more the 3rd Party issue, for the Work Comp Insurance pays everything for now, the 3rd party pays back the work comp insurance then. Use caution and learn more first. If you settle one, and don't know settlement on the other, you can end up with nothing in a settlement amount then.

[1171]

here the chart
http://www.mass.gov/Elwd/docs/dia/public...nction.pdf

[fairycatz]

Bad Boy Bad Boy Wrote:It's not so much the Injury, but it is more the 3rd Party issue, for the Work Comp Insurance pays everything for now, the 3rd party pays back the work comp insurance then. Use caution and learn more first. If you settle one, and don't know settlement on the other, you can end up with nothing in a settlement amount then.

Thank you for the info! You are so very right, caution is the key! My attorney has pointed out that I have to pay back WC, 2/3 of total paid out, with any lawsuit $, if there is any. My biggest concern is survival right now, where the suit will take a few years. Doing all sorts of research, but there are no easy answers to what future might hold! If only! lol! Thanks again! Maura

[fairycatz]

1171 Wrote:here the chart
http://www.mass.gov/Elwd/docs/dia/public...nction.pdf

Thank you! I had found this, but doesn't really have the info I need. Mass site is very limited, get more info from all of you wonderful people here!