Vocational Rehab

[nwguy]

After 2years and 3 surgeries on my wrist I have reached
mmi. I have an attorney who has informed me that the insurnce company wants to settle.

I have an 11% impairment and can longer go back to my old job due to my injuries whcih have been noted by two surgeons. A job which I held for 29 yrs.

My att. is telling me that the insurance co. will not want to pay for my retraining/education. I asked him why not, when it states in Montana WC Law that -"if you have a permanent medical impairment resulting from your injury and cannot return to yourtime of injury job or a job with similar physical requiremnets, and you have a MI rating of 15% or greater OR you suffer an actual wage loss, you are eligiable for rehabilitation benefits".

I was making over $21.00 an hour in my old job, and I know I am not going to make anything close to that in a new job.

To date I have had no Voc. Rehab. a functional evaluation, or any kind of voc rehab counseling. To be honest I feel like I am being railroaded, that my attorney is not looking out for me, just trying to get the quickest settlemnet he can. Is this normal?

[1171]

It's not unusual for attys to focus on settlements since that is where their fees come from.

[jayne]

might be your age.....some states will not pay for retraining after a certain age....they feel it is not cost efficient and at 11% and most likely over 50(saying that because of 29 year job history).....they may feel that way....

[katicabogar]

Hello, Nwguy,

When you were placed at mmi, did your doctor recommend re-training?
I know mine did, back in 2006, after my last surgery on the left hand. That's how my vocational rehab started, but even if you get approved, it doesn't mean they will offer you the training. First they try to push you back to your old job with restriction or they try to recommend a low paying job, something like security guard. Your doctor has to approve all these, if he/she doesn't, than they might offer you the re-training. On the other hand, they might never do, thinking you are too old. That's how it is right now in my case, as I am 55 years old and they don't want to "waste" money.

I suggest, don't rush into settlement, even if your attorney pushing you, insist on re-training. The 11% impairment rating converts to about $10,000, your atty takes 30%, so you get about $7,000?
Also, you may have problems with your hands/arms all your life even after surgeries, just like I do, so don't settle without future medical.

Good luck to you.

Kat

[nwguy]

Thx. to all for the quick replies.
I did forget to mention that I am 53 yrs old.

Kat, you are right about future medical problems. Both doctors have said that I have a "life changing injury that will require treatment in the future."First surgeon suggested a ulner shortening, second surgeon suggested a wrist fusion. And both surgeons have recommended re-training. The company I worked for terminated my posistion after one year, so I will not be returning to old company. I was not aware the doctor has to approve any future job requirements?

[Lilly]

Well that age is most likely the reason they did not offer re-training for you. I also was about that age, it was not offered to me either. I tried to get them to get me those Rosetta Stone Language tapes, so I could at least learn Spanish, which I thought could be beneficial to my future in landing a job, with my many restrictions...but they wouldn't even do that. Too bad one couldn't sue due to age discrimination! Alot of us on here would be entitled to a nice settlement.

If the doctors are recommending future surgeries....how can you be at MMI?

Lilly



Good Luck

[nwguy]

Lilly,

You are right about the MMI. and I have asked my Att. the same question.

[1171]

Lily: why couldn't you sue for age discrimination?

[Lilly]

Well, 1171, I'm not really sure . Number one reason my be that because we are injured workers...we don't have the funds available to hire a lawyer and sue, as we like to eat. It could aslo be dragged on for years & years.

I wonder 1171, if anyone has ever sued WC over such a claim? Or if it is even possible....as they certainly aren't going to admit that one is too old to receive training...they'd simply make up some other excuse. It'd be a hard one to prove.

Lilly

[nwguy]

I wondered the same thing, how they can deny a person re-training because of age. My first thought was this is age discrimination. I am 53 yrs old, I still have to work and I want to work! Ok so I might only work another 12-14 yrs, I think I still deserve to be treated the same as a injured worker who has to work 20 yrs or more.

Another reason and probably the main reason I would like Voc. Rehab, is to find out what kind of work I can do to minamize further injury to my wrist. I have been told that if I am to re-injure my wrist that WC is off the hook as far as any future medical expenses. So how am I to know what my limitations are with out vocational counseling?

The bottom line is it's all about money. The private insurance carriers who take millions in premiums from large corperations like the one I used to work for, just want to get out of a claim by paying the injured worker as little as possiable.