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Reaching MMI soon - worker comp - NJ

Lodi, NJ |

I have a work injury at farmland dairies in Wellington on jan 21-2013
Lower back
On work comp benefit since the injury
I did PT almost the whole year . One injection . Did an l4-l5 surgery on oct 15th
I'm seeing two WC DRS . One who did the surgery and a paing management dr who seems very bad and for a favor of the NCM who attends all my dry visits
They asked me to go to an FCE on jan 23 than an MMI will follow it
Did the fce .saw the WC surgeon who said the fce result shows that's you can't go back to work and I'm seeing the PM dr this Friday .
This Friday the company is shutting down . And the NCM told me to apply for unemployment . How ? If the dr won't release me to Work ? What is next ? What's after the mmi ? What's going to happen when my employer is going out of business ??

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Attorney answers 9

Best Answer
Posted

Bottom line is that the workers compensation company has to pay you until you reach max medical improvement, but schedule a sit-down with a local Lodi wc lawyer to discuss in full.

Asker

Posted

Dear Christian What's after the MMi ? They will stop paying me ? And what then

Posted

You mean you've been through all of that and you've yet to retain a workers compensation attorney to protect your rights and pursue a permanency claim?

Asker

Posted

You are right mr Patrick .. I'm actually looking for a specialist lawyer . .. The dr was talking about a possible fusion surgery and the NCM was interpreted him . The fce test shows that I can't go back to my previous job and can't lift more than 10 pounds . The dr said I will write that for your next job . I believe he was talking about the rate .

Patrick X Amoresano

Patrick X Amoresano

Posted

I don't practice workers compensation law, but I know a very good workers compensation attorney in Hackensack.

Patrick X Amoresano

Patrick X Amoresano

Posted

Tell me exactly what you were doing when you hurt yourself

Asker

Posted

My job is requiring heavy lifting almost all the time . I was picking up some cases . ( milk gallons) and all of a Sudden I couldn't stand . The supervisor Called the ambulance . Had an X-ray at the hospital . Followed by WC dr . Had more than 50 PT sessions . Did one injection . Had the surgery back in oct 2013 .. Nothing been changed . Cant sleep.drive . Takes shower Seat or bending ...

Asker

Posted

The surgery is just failed even thoug they don't admit it . And while the dr was mentioning a fusion surgery as the a possible option the NCM just changed the subject . I'm seeing the pain management dr on Friday .. I suppose to see him last week but the NCM changed it to the day when the Company is shutting down . I don't know why . Could be that my employer ask the NCM ??? What will I get after the MMI ?? Will I be able to apply for unemployment ? And how if the dr didt not release me to work . What if he says I'm able to work while the company is closed . ?? It's just complicated for me

Patrick X Amoresano

Patrick X Amoresano

Posted

As I said before, a good workers comp attorney can help you. What information would you like?

Posted

FYI consult with a local workers' compensation attorney ASAP

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Posted

If you filed a comp claim and your employer had insurance on the date of your accident then you are covered whether or not they go bankrupt. If they did not have insurance then you will be covered in any event by the NJ "Uninsured Employer's Fund" which is designed to protect NJ workers from this type of situation, among others. You need to hire a Comp specialist attorney on January 22, 2013....

Posted

Run, do not walk to a workers; compensation lawyer to explain all of this to you. If you already have one, then speak to him/her and ask these questions. Use Avvo find a lawyer feature to locate one near you.

The content of the this submission is intended to provide general information on the topic presented, and is offered with the understanding that the author is not rendering any legal or professional services or advice. This submission is not a substitute for legal advice. Should you require such services, retain competent legal counsel.

Posted

As my colleagues has already said, you should definitely consult with a workers compensation attorney as soon as possible. You can easily search for one using Avvo's find a lawyer tool http://www.avvo.com/find-a-lawyer

Posted

I don't think it can be said enough, retain an experienced workers' compensation attorney promptly. He/she will be able to evaluate all of your facts, guide you in the correct direction concerning workers' compensation benefits and other state/federal aid which you may be entitled to. Good Luck

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Posted

The workers compensation company must continue to pay you until you reach MMI. The fact that Farmland is closing is not material to the workers compensation insurance company's obligation to pay you temporary disability benefits until such time as you are declared, by a doctor, to have reached MMI. If they cut you off before you reach MMI, retain a workers compensation attorney to file a motion for the payment of temporary disability benefits to you until such time as you reach the point of maximum medical improvement ("MMI"). Regardless of the above, you will need an attorney to handle your permanent disability claim, however, there is no rush to file that claim. You have two years in NJ from the last payment of a workers compensation benefit to file your Employee Claim Petition against your employer to recover an award for your permanent injury and the payment of a benefit includes the payment of a medical bill or the payment of any money to you in temporary disability benefits.

Asker

Posted

Dear mark . What going to happen after the mMi ? No more pay checks . What will I wait for ?

Mark T McMenamy

Mark T McMenamy

Posted

After you reach MMI, you should file an Employee Claim Petition to commence the process to secure a benefit for the permanent injury that you sustained. Once you are declared to have reached MMI, you can then, in theory, work and you should file for unemployment benefits. You generally cannot apply for unemployment benefits unless you are ready, able and willing to work. Your receipt of workers compensation temporary disability benefits, prior to reaching MMI, indicates that you cannot yet go back to work.

Asker

Posted

Dear mark I can file for unemployment benefit even thou my employer is closing today Farmland is shutting down today and the mmi probably next week

Mark T McMenamy

Mark T McMenamy

Posted

Read the unemployment forms carefully. If they ask if you are ready, willing and able to work and you answer yes, the workers compensation carrier could use that statement against you and stop paying your temporary disability benefits and those benefits are paid to you on the basis that you are temporarily unable to do any work whatsoever. I would be inclined to file for unemployment the day after you reach MMI. On that day, you can file and state that you can work.

Asker

Posted

Dear mark I just finished my appt with the pm DR . He asked me to send him the MRI cd to look at it again and than the mmi later but he never said when . Now . On my way out the NCM said that you will receive a letter from the ic insurance . I don't what that mean . Also the pm DR was talking about WC pay checks and who will help you financially . He was talking about WC more like he isent a DR . He asked for a the MRI cd without an appt .. I'm confused now . Are they going to stop me paying me Both DR still works in the mmi

Mark T McMenamy

Mark T McMenamy

Posted

I don't know what they are going to do but sooner or later you are going to reach MMI. You should speak with an attorney who will need to know more about your case and claim than what is contained in your postings.

Posted

You should contact an attorney at once. There are several issues that need to be resolved.