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AnonymousUserAAnonymousUser Posts: 49,670
edited 06/11/2012 - 8:32 AM in Lower Back Pain
Hi everyone, my doctor gave me an impairment rating of 5% total body impairment, I am at mmi, I live in Alabama. Does anyone know how much i could get out of a settlement with workmans comp? ( L4-5 disc herniation).


  • Not real sure, I guess it all depends on the residual limitations caused by your herniation? I will admit - WC is not my forte - but I am thinking that any settlement would depend on whether the herniation impinges on any nerves (specifically, does it pinch the nerve leading to your legs, making them weak/tingly/hurt... and whether this is documented by MRI or EMG/NCS findings, etc).

    Remember one thing, though - MMI does not mean you are all better. It just means that you are as improved right now as you will ever be.

    Now, if this were a Social Security disability claim (SSD), I would tell you that after considering your medical records, the effect this impairment has on your ability to perform even routine daily activities, your age, education, past work history and whether you could perform any of your past work (or take some of the duties you had performed into another job that is physically/mentlly less demanding) are all considered as well.

    Good luck to you - hope things turn out in your favor!!

  • What you need to do is go to your state website and look up the laws regarding your individual state. Typically a injury to the back, neck or head is considered a injury to the body as a whole. So your settlement amount will be based on whatever they deem in your state the body is a whole is rated at. For example if your state deems the body as a whole at the 400 week mark then multiply 5% times 400 which would equal the number of weeks. Then multiply that number times your weekly income and you will have the amount. Now you would need to check the laws in your state. You can google Alabama worker's compensation and you will get the state website.

    If you have a attorney involved typically they will try and up the percentage of disability if you are still having issues. Also if you are still taking any type of meds through work comp there will be the need for future medical. What you should do is get a copy of the report from the doctor who did the finally rating. That report will also say wether or not you are going to need care in the future.

    Most states don't take into account pain and suffering as part of the equation. Typically most states prefer to make lump sum payments as well in place of paying over a period of time.

    If you are still under the doctors care at MMi just means they are not going to do anymore than what they are doing at the current time. So if they are prescribing meds to you, that is all they will keep doing.
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