work injury May 05, herniated disc C4-5, C5-6, with radiculopathy. allowed. I had Cervical disc displacement , polimer discs put in with plates screwed into C3-4 and C6-7. herniated T3-4,not allowed. Had the surgery. ended up with permanent partial disability of 28%. Constant pain, just lived with it. In sept 2011, Pain tripled, Passing out and dizziness ocurred. Went to doc, ordered MRI, - Disc C5-C6 is pressing on spinal cord, C3-C4 is herniated and C3- C4 has a 4 mm gap. I have been off work since Dec 2010 due to Severe Asthma- which I never had asthma until 2008, after injury, anyway, What do I do at this point? Can I collect TT ? Would it be based on wages from 05 injury? Can I get T3-T4 added to the claim?
There are not enough facts posted to properly analyze your workers comp claim, as it depends on a plethora of factors. Search Avvo's "find a lawyer" for a WC lawyer in your city, and get a consultation to discuss all the facts and circumstances.
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Due to your extensive back problems you most likely generated a lot of medical records so you will need to obtain your medical records and and try to contact a workers compensation attorney in your area. They will be in a better position to advise you of your rights. Search Avvo.com for workers compensation attorneys in your area.
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Your questions would require a detailed analysis of the medial records and doctors reports . as you know you can only get TT based on an allowed condition. I do not know if you have ever been MMI . I would be happy to speak with you privately.
I suggest you look or an attorney familiar with Social Security disability as well. If you have been off work 14 months, you have already met the 12 month requirment for Social Security disability benefits. And, most people can get some of their Social Security in addition to getting workers' compensation benefits.
At the very least, file a claim with Social Security right away. There is a 5 month wating period on amost all SSDI claims, and SSA will award benefits back a maximum of 12 months. So, once you have been off work 17 months, each month you wait to file a claim with SSA means you risk losing benefits. You have not lost any benefits yet, but you are getting close. Plus, if you get approved for Social Security at a reduced rate while your workers' compensation is being paid, when the workers' comp ends the SS benefits would go up as soon as you tell SSA about that change, so you would be helping yourself stay out of a bigger financial problem.
Good luck to you.
The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.
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