Help, Ihave a question for a Lawyer or anyone who has dealt with workers comp. I'm disabled from the accident

Question

I was in a accident at work about a year and a half ago. We went to Dr after Dr for almost a year and finally got the right diagnosis of Radial Tunnel Syndrome. I underwent surgery a few months ago and am now (sadly) worse than I was before the surgery. The injury was to my dominate arm and I am unable to do daily activities like drive, brush my hair, stir a pot on the stove. We haven't ad any trouble with workers comp yet. I get my checks and am sent to dr's. But, we are now getting to the point where we are realizing I am not going to be able to go back to work. I am only 33yrs and have now lost my profession and the ability to use my dominate arm.
What should I do next? The insurance company hasn't talked about a settlement yet but I know it's coming. Has anyone had a situation like this? What can I expect next? How do I get perminate disability so I can still take care of myself and family? Any suggestions about how to handle getting a settlement?

Thank you to those of you who have responded..
In answer to your questions..
I am in California.
I have applied for SSI disability and been turned down but that was before my surgery. I was told I am making to much from workers comp to recieve more from SSID. (yeah, $1,200 a month isn't much to go on) I'm ok with that, I was just worried about what happens after the workers comp stops paying me.
Should I reapply for SSID yet or wait?
Thanks so much

Answer 1

I have 25 years experience handling worker's compensation cases. One VERY important point that needs to be addressed is under what state are you receiving benefits? Your rights and benefits vary by a huge amount depending on the state. I'll try to answer your question if you can provide that information.

Now that I have additional details, what you need to do is re-apply for a modification of benefits when your workers comp settlement proceedes are exhausted. Unfortunately, there are always limits of the percentage of pre-disability income you can have once you go on disability. This even applies if you happened to have private disability insurance. It should be a simple process with social security to document the termination of your benefits once this occurs and you will then get an offset from social security to keep you monthly benefits stable.

Answer 2

You need to apply for your social security benefits. Be advised that you may be denied from social security the first time. If so, then you hire a lawyer that handles social security benefits. Its a long process but it worth it. I just went through this process. I have been out of work since 10/2005. Just received my back benefits 2 months ago.
ss #800-772-1213 phone number.

Prior to me receiving my back log benefits, I was receiving benefits from my previous...long care insurance. You want to know how does your workmn comp affects you if you are applying for ss benefits? This is one important question that you need ask. Make sure you get all medical records. Dates are important ie, doctor visits, labs, hospitalization, theophy, etc....
Good luck

Answer 3

If it comes down to going on permanent disability, this is under SSI. You will need to file a claim and go through their merry games. Basically, they will tell you "We decide if you are disabled or not". You can go to the SSI/Disability website for information.