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Ryan S Montgomery
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Ryan Montgomery’s Answers

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  • If you have a 47%, 22%wpi and a 35% impairment rating does this qualify for total disability for workers comp and ssdi.

    I have been on workers comp for 3 years. I just recently got my rating. I'm trying to figure out where I stand. Do I qualify as totally disabled?

    Ryan’s Answer

    Potentially. Do you have more than one body part injured? Permanent work restrictions? What's your age? Education level? Type of work that you've done? There are many factors so if you could give additional info. Thanks.

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  • I broke my leg in four places at work 800 pounds fell on it. Should I file a lawsuit?

    The associates had been complaining about how the parts were being setup it was dangerous. Parts fell on my leg had me pined to the conveyor belt.. broke my leg below the knee, my tibia in half, my fibula and shattered my ankle had to have surgery...

    Ryan’s Answer

    This is posted under slip and fall. I am going to tag it under workers compensation as that is what I believe it is. So in workers compensation you don't file a lawsuit. It is a claim. There are some instances when you can file a lawsuit against a 3rd party that caused your injury but it sounds like the employer set up the parts in a dangerous manner. If that is the case then there is likely not a 3rd party lawsuit as workers compensation is a no fault system....meaning you can sue your employer if they caused the injury and they can't deny your claim if you were at fault.

    Now, to answer your question....many people decide to hire a lawyer to pursue workers comp benefits because they do not know the system. There are countless times when my clients come into me and are not getting the proper benefits. Weekly checks are wrong, they don't know they can get mileage or co pay reimbursement. The insurance carrier is not authorizing all medical as recommended by the doctors etc. Most workers compensation lawyers offer a free consultation so it seems to me you would have nothing to lose by scheduling a free consultation with a lawyer. Also, I will tell you that because you have pins in your leg you are entitled to lifetime maintenance and repair of that hardware in your body which is even more reason to protect yourself.

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  • I was the passenger in a state owned service truck that was hit by a vehicle that ran a stop sign.

    I was injured on 10-22-2014 when the service truck I was the passenger in was struck by a vehicle that ran the stop sign. The impact was violent and caused the other truck to flip and the truck I was in to sustain heavy damage. I was in severe pa...

    Ryan’s Answer

    There exist no pain and suffering in workers comp on,y impairment and result disability (whether partial or total). There is the pain and suffering in car accident. Remember not to resolve car accident case before. On my way! Or without permission of workers comp insurance carrier or they could stop your comp benefits.

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  • What is the likelihood of me qualifying for SSDI

    I am a 56 year old female and have been receiving WC for 22 months. I have lower back injuries resulting in bladder and bowel loss. Cervical neck injuries, and a total knee replacement. One doctor says that my lifting limitations are 10 lbs. I ha...

    Ryan’s Answer

    From what you describe it sounds like you have a good chance. If you have a lawyer for your comp case you should coordinate with him/her because there can be an interplay between comp and SSDI when speaking to future medical and Medicare. That portion of the comp case can be quite complicated if you have been approved for SSDI before the comp case is resolved.

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  • Workers comp aww

    How do i figure up my aww if start date was 7/11/14 and last day worked was 11/5/14. Total pay for that period was 13625.76. Currently workers comp sends me benefits checks of 553.08. Im wanting to see if calculation is correct

    Ryan’s Answer

    That is 16 weeks and 6 days or 16.857 weeks. Divide pay by those weeks. equals Average weekly wage of $816.61. 2/3 of that is $544.41.

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  • Confused with workers comp

    I had 2 level acdf neck surgery and went to dr for 2 week post op. Dr said no pt and released me to light duty. But stated on pre op medical report to wc that i will need to be on out of work status for minimum 8 weeks post op. Employer can not ac...

    Ryan’s Answer

    Are you asking about whether it sounds strange that the employer cannot accommodate light duty or that the doctor said out of work 8 weeks?

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  • I fell in Walmart in Charlotte, N.C. I have been going to doctors trying to stop these pains. Walmart said they are not liable.

    I am on tape being helped. When I fell it was also witnessed by a store associate. The gentleman who picked me up filled out a report along with the store associate. I had to quit one of my jobs working with children because of this. what do I do?

    Ryan’s Answer

    What caused you to fall? You need to explain a little more the cause of your fall

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  • Workers comp benefits

    Does workers comp ins company incur a fine or something if my weekly benefit check did not come in this week? I have been getting them by friday or saturday but have not came in this week

    Ryan’s Answer

    Unfortunately no but could be the start of game playing

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  • Passenger Can't get treatment for injuries from car accident, should I get a lawyer? Gap in treatment of injuries 3 months?

    I am passenger in car accident that happened in September. I was taken in ambulance to hospital on the scene. I went to the ER twice because of the pain and had to follow up with a doctor. I could not follow up with the doctor because I didn't ha...

    Ryan’s Answer

    Potentially yes as to both your questions. There are some doctors that will advance their medical treatment on a lien basis. 3 months can hurt but is not the be all end all. Don't let gap get any bigger. Consult a personal injury attorney to discuss options.

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  • I have an impairment rating on my back for 13%. (Whole body impairment 13%). Should I resolve claim with full & final release?

    I have a low average weekly wage from my employer. Therefore, I am afraid if I close the claim, then future medical problems will not be addressed due to the low settlement value.

    Ryan’s Answer

    Ken is correct in all aspects. Take advance of s consultation with a local lawyer to discuss all issues

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