my husband injured his neck and shoulder several years ago at work - he received a lifetime decision on it. He had surgery last year and our comp attorney said he does not receive any range of motion loss settlement. This does not sound right. I wanted more info on it.
Workers' Compensation Lawyer
Your attorney is correct. Spinal injuries are not resolved on an award for loss of range of motion, as would be an extremity injury such as shouler, knee or elbow.
If your husbands accident occured before March 2007, he will however have lifetime protection for medical and wage loss, based on his degree of permanent overall disability under the Workers Comp guidlines.
If the injury occured after March of 2007 there is only lifetime medical. Any loss of wage benefits will depend on degree of disability and will be limited to a certain period of time.
If there is an injury to the shoulder and neck they will merge into one permanent partial disability and you would only get the schedule award to the shoulder if there is no further claim to the neck.
Is your husband out of work? How long was he out of work? There may be a chance for social security disability here either for the period of lost time providing it was more than 12 months or for on going benefits if he is still unable to work.
One of partners handles Buffalo, and if you want to meet with him to discuss, call us at 1-800-416-5454 and indicate you want to meet with Tom Lambert in Buffalo, per suggestion of Mr. Fusco