Legal Question in Workers Comp in Nebraska
Permanent disability benefits
On Feb. 23, I suffered a herniated disc between the L5 and S1 vertebrae shoveling snow at work. After extensive testing and physical therapy my physician concluded that surgery would be the only remedy to relieve the pressure the ruptured disc was causing on the nerve routes to my left leg. Two surgeries later I am about to return to work. My physician says that I will have a fifty pound lifting restriction for the rest of my life. Though I have healed well since the second surgery, I still have limited mobility and probably always will. I am only 28 years old and am faced with a much different lifestyle than I am accustomed to. I have been receiving work comp benefits since the injury occurred. Am I entitled to permanent disability benefits, and if so how do I go about getting them? Is the insurance company obligated to inform me?
1 Answer from Attorneys
Re: Permanent disability benefits
I am an attorney Illinois but I can answer your question. You are very fortunate even though you may not feel like it. To be able to return to work with a 50# lifting restriction means that you have had an excellent recovery from your injury. You should not have to modify your lifestyle too much and should be able to continue to perform most jobs. However, you will always be at some greater risk for additional injury. You should be conscious of this and compensate whenever performing heavy duty work.
You are entitled to compensation for permanent injury after your doctor is done treating you and you are back at some form of work. I would recommend a period of six months at work to see if you are strong enough to avoid additional injury. Your doctor may too.
But you are entitled to compensation for permanent injury. You should not wait for an insurance company to call you. You should hire a lawyer. There are ways to prove permanent injury that you are not familiar with. A lawyer experienced in Workers'Comp can do this for you. If you communicate with the insurance company you will probably talk your way into a minimal settlement whereas the lawyer knows how to maximize your recovery. Good Luck.
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