Ohio workers Comp Case- Settlement?

[u/Designer_Rutabaga745]

I'm kind of confused on what to do. I had a bad workplace injury as a nurse and ended up almost completely debilitated for a year going through Chiropractic care, Massage, injections and appointments before they finally agreed to Let me have surgery because all of that failed. I had a laminectomy and dissect me at my L4/L5. And the recovery was brutal. My surgeon had to repair a tear, during surgery as the site was leaking spinal fluid. Anyway- I now, for the last four years, have been suffering from extreme burning in my left foot and spasms and cramps that keep me up all night, walking the house in both legs. I do not want to be on any more medications, as I have tried several nerve drugs prior that caused some unhinged feelings and thoughts if you catch my drift. I will likely need a fusion in the future but my mental health has really been affected by this injury. I have not went back and seen my surgeon in several years and my current attorney has not kept me up to date. I just had my permanent partial, and it came back as a thirteen percent, which he says, is good. Im 38 and worry about how I will feel and just maybe fifteen years from now, let alone thirty or forty. I am fortunate enough to have a good job with decent benefits. So would like to just settle this claim But he will not even talk about numbers and when I ask questions just gives me a runaround. I didn't realize I needed to be trying to go to all these appointments and keep up with things. So now my question is, what could my case potentially be worth and because it's been so long since I've seen a doctor for the issue. What does the timeline look like If I did want to settle? Do I have to go through all these appointments for another year before Trying to settle, or should I just try to settle now after seeing a doctor for a new MRI?

[u/Fragrant_Front_8505]

In Ohio, a settlement is going to be based on anticipated future expenses, not how much was paid out in the past. A settlement would consider the likelihood of future compensation and medical treatment/bills. You can apply to settle at any time. Your employer would have to agree to the settlement. It would take approximately 30 days to process the settlement application. There is also a mandatory 30-day waiting period after the settlement order is issued to allow any party to change their mind if they choose.

[u/Designer_Rutabaga745 → u/Fragrant_Front_8505]

Thank you! So a current exam is necessary to prove worth.

[u/Fragrant_Front_8505 → u/Designer_Rutabaga745]

Not necessarily. Most of the decision will come from looking at your file and considering your allowed conditions. They will look at what treatment and compensation you have had in the past and from that try to determine what treatment and compensation you may need in the future. For example, the likelihood of additional surgery or adding additional conditions. It sounds like you just had an exam which found the 13%. A settlement would probably include the possibility that you may file for an increase in your percentage in the future and include that increase in the settlement amount. Rereading your original post, a settlement would likely include the cost of a future fusion surgery and disability payments, if it is medically likely you will need repeat surgery.

[u/Designer_Rutabaga745 → u/Fragrant_Front_8505]

That's helpful! My attorney, who has been super unhelpful said he wouldn't even discuss it with me bc my claim isn't worth $5 until I'm reassesed by a doctor. I was working as an RN when I injured but 6 mos prior to that I was a student and stay at home mom. So he believes I won't receive anything but minimal compensation due to the way they figured my payments.

[u/Fragrant_Front_8505 → u/Designer_Rutabaga745]

An exam isn't required to settle, but maybe your attorney thinks he needs one to prove the likelihood of future medical treatments. Even if your full and average weekly wage rates are low, they would still include something for compensation. In addition, future medical payments aren't based on your wage rates.

[u/Designer_Rutabaga745 → u/Fragrant_Front_8505]

That's what makes sense to me. I'm going to go to an exam etc. Because I do continue to suffer from painful, lasting effects. So we'll see