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    tableclocks's Avatar
    tableclocks Posts: 383, Reputation: 2
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    #1

    Feb 5, 2014, 09:56 AM
    Wife falls.. compinsation?
    Gm... my wife is a 19 year school teacher.57.. she had about knees replaced 6 years ago
    If she falls.. tips slips.. what ever because of negligence.. in the school building, and re injures her knees... would that be a new injury and be cover by compensation?. is she falls I think she may have to get a disability.. however she loves teaching and would like 5 or 6 more years
    Thank you... ricard
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #2

    Feb 5, 2014, 10:01 AM
    Sound like you are trying to set up a fall for an insurance scam... sorry, but falls happen frequently... and very rarely are they due to negligence.

    And besides that point... why would you be assuming she would become disabled over it? People MUCH older than her fall every day with nothing worse than a bruise... A lot here just doesn't sound right as its presented. Because you are making a lot of assumptions about a lot of things that haven't happened.
    tableclocks's Avatar
    tableclocks Posts: 383, Reputation: 2
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    #3

    Feb 5, 2014, 10:10 AM
    She was all ready told by her knee dr a few yrs ago he would agree to her disability.. she also has a bad shoulder.. carbutunnel in her feet.. and broke her feamer bone and had a rod put in it 3 years ago
    She does want to work a few more years... but if she falls again.. I think that will be the last straw...
    Thanks... richard
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #4

    Feb 5, 2014, 10:18 AM
    SO, if all the stars allgn at some point in time and that happens... then what is your question? Expect a workmans comp case to require lawyers... many years being fought and many, many doctor visits. And no certainty of winning. If she has a history of falling that WILL be brought up and work against her. Part of that will be granting fall access to her medical records. WHich their lawyers will go through. Nope..its not pretty.

    Yeah workmans comp laws were supposed to be designed to make things quick and easy, but the fact is they have done the exact opposite. Speaking as someone whoes wife is into 3+ years of fighting for hers with no resolution in signt.
    tableclocks's Avatar
    tableclocks Posts: 383, Reputation: 2
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    #5

    Feb 5, 2014, 10:27 AM
    Part of my question is... and I guess it will be fought... if she has a real fall , negligjance... she don't want then to say the her bad knees are part of the problem.. was worried this morning because the parking lot n side walks were all ice and she was worried about getting into school then... tks


    she will not be worried or want a compensation pay out...just her body fixed...if she gets hurt...
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #6

    Feb 5, 2014, 10:29 AM
    What does she teach? If her doctor will certify her for disability, why not for an aid to moving around. Why can't the school accommodate her using a scooter? If she is a valued teacher, there are many ways she may be able to protect her knees while continuing to teach. Why not explore those ways to protect her instead of looking for ways to compensate.
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #7

    Feb 5, 2014, 10:36 AM
    She doesn't have to say it... they will get that from her medical records which you would HAVE to sign a release for as part of the discovery process.

    And there will be a deposition pre-trial where she will in all probability be asked that under oath by their lawyer.

    As long as they treated the surface and removed excess snow... they will have done everything they are required to do... removing every bit of snow and ice isn't practical and in many cases even possible. Only if they did nothing could that be convincingly argued.

    Why stress about something that statistically isn't likely to happen? Every one of us could slip and fall anything we get out of bed. Its wise to be cautious... and do what you can... liike wearing good shoes without a smooth bottom to limit your risk of slipping... but to stress over the "possibility " of a fall, only adds undue and unneeded stress to your life.

    Has she been suffering from vertigo? (Dizziness?)
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #8

    Feb 5, 2014, 10:43 AM
    You are mixing different questions. You say she 'just wants her body fixed,' which is a strange question. Surely she is well insured. If you are also wondering about disability benefits, that's a question for her school. We don't know what her school provides for illness, injury, or long term disability, and WC and pension plan.
    If I were her, I wouldn't hide my head in the sand. She should talk to them about all her concerns and see if maybe she really should take early retirement, rather than face years of haggling if she does fall. I can imagine the insurers claiming that she has too many old conditions for a fall to be considered a new one. BUT if she is well insured, it shouldn't matter whether it's old or new! She will be treated by doctors. The question is what her retirement will be like, and that's what she needs to ask about.

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