Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Other Law (https://www.askmehelpdesk.com/forumdisplay.php?f=190)
-   -   Workmans comp (https://www.askmehelpdesk.com/showthread.php?t=266538)

  • Oct 5, 2008, 06:22 PM
    hurtintexas
    Workmans comp
    I was recently hurt on the job and suffered a broken wrist resulting in about 50-60 percent loss of use of my wrist and some loss of finger motion.My question is there a compensation settlement because of any permanent damage to me. I have been with this company for 22 plus years and they have been good to me,and I would not sue them, just curios about what to expect. Thanks
  • Oct 6, 2008, 04:43 AM
    twinkiedooter

    You need to make an appointment with an attorney who specializes in WC law to get a correct assessment of your situation. The company's WC carrier will more than likely make a lump sum settlement on your wrist injury. In the meantime, are you still working for them every day or have you been placed on light duty or not working at all for them?

    You need to speak to the attorney about still working for this company as well. Most companies will not allow a previously injured worker return to their premises after filing for WC though.
  • Oct 6, 2008, 08:03 AM
    JudyKayTee
    Quote:

    Originally Posted by hurtintexas View Post
    I was recently hurt on the job and suffered a broken wrist resulting in about 50-60 percent loss of use of my wrist and some loss of finger motion.My question is there a compensation settlement because of any permanent damage to me. I have been with this company for 22 plus years and they have been good to me,and I would not sue them, just curios about what to expect. thanks



    You don't sue them - you file a WC claim, which is an insurance claim. And, yes, if there's permanent damage there will be a settlement but WC is NOT overly generous. Your employer should have furnished you with the WC information. Who is paying your salary while you're off work?

    And Twinkie is right on with her info.
  • Oct 6, 2008, 09:47 AM
    Fr_Chuck

    Yes, has the Workers comp insurance company not been in contract, paying your lost wages, paying the medical bills.

    Is the medical treatment over with at this point,

    You may also talk to the WC rep that you have been dealing with
  • Oct 6, 2008, 03:23 PM
    hurtintexas
    Quote:

    Originally Posted by twinkiedooter View Post
    You need to make an appointment with an attorney who specializes in WC law to get a correct assessment of your situation. The company's WC carrier will more than likely make a lump sum settlement on your wrist injury. In the meantime, are you still working for them every day or have you been placed on light duty or not working at all for them?

    You need to speak to the attorney about still working for this company as well. Most companies will not allow a previously injured worker return to their premises after filing for WC though.

    I am 3 months into this injury and my surgeon had told me that it would be at least a 5months rehab process. I have physical therapy 2 days a week 40 miles one way from my home and one day a week 65 miles one way from my home. There are no wrist or hand therapists in my hometown. I have not went back to work because of the painkillers I have to use for therapy and the exercises I have to do are very painful and they don't want me driving while using these pills. W C has paid 60 something percent of my salary, and my company has made up the difference, so I have not missed out on my pay,for which I am very thankful and only want what I am honestly entitled to. My surgeon, which is very good, said a 40 percent usage of my wrist/hand is about what to expect.
  • Oct 6, 2008, 03:33 PM
    JudyKayTee
    Quote:

    Originally Posted by hurtintexas View Post
    I am 3 months into this injury and my surgeon had told me that it would be at least a 5months rehab process. I have physical therapy 2 days a week 40 miles one way from my home and one day a week 65 miles one way from my home. There are no wrist or hand therapists in my hometown. I have not went back to work because of the painkillers I have to use for therapy and the exercises I have to do are very painful and they dont want me driving while using these pills. W C has paid 60 something percent of my salary, and my company has made up the difference, so I have not missed out on my pay,for which I am very thankful and only want what I am honestly entitled to. My surgeon, which is very good, said a 40 percent usage of my wrist/hand is about what to expect.


    Then you've already filed a claim which won't settle until you are finished treating.
  • Oct 6, 2008, 03:39 PM
    hurtintexas
    Quote:

    Originally Posted by JudyKayTee View Post
    Then you've already filed a claim which won't settle until you are finished treating.

    Thank you
  • Oct 6, 2008, 04:52 PM
    twinkiedooter

    In the meantime, hurtintexas, please consult a good WC attorney so you don't shortchange yourself when it comes time to settle up.

    Also keep the receipts for the gas used to go to the appointments out of town as you can put them in for reimbursement in case you didn't already submit the receipts.
  • Oct 7, 2008, 07:19 PM
    mishelly3

    Before you can get a settlement you have to have some sort of treatment done like surgery its automatic if you have surgery you WILL get a settlement, usually you have to have an IME first just keep on there asses..
  • Oct 8, 2008, 04:55 AM
    JudyKayTee
    Quote:

    Originally Posted by mishelly3 View Post
    Before you can get a settlement you have to have some sort of treatment done like surgery its automatic if you have surgery you WILL get a settlement, usually you have to have an IME first just keep on there asses..


    He's already in treatment, seeing a Physical Therapist. You don't have to have surgery in order to collect WC, if that is what you are saying.

    Once the claim is filed - which his is because he's receiving a weekly benefit - you don't have to follow WC around in order to collect.
  • Oct 8, 2008, 03:36 PM
    mishelly3

    Got you, Ive been on L&I for years and before the final settlement they send you to a panel of doctors usually who evaluate how much % wise you are disable and they usually pay out the lump sum from there. Have you had any type of surgery or is it needed?
    A settlement is usually done after you have exhausted all medical treatment and they have considered you physically stable to work...
  • Feb 3, 2009, 07:13 PM
    fireofthestorm
    I was also hurt on the job and am currently having to go through therapy. I know that when the doctor knows for sure the loss of whatever body part was injured (in your case your wrist) that the doctor is supposed to tell workmans comp your Permanent Impairment Rating and, from what I was told at least, workmans comp bases your settlement on. My workmans comp case guy said for a 3.3% Permanent Impairment Rating, I would get a bit over $5,000. However, my leg is not healing like they thought it would. I hope this helps a little, but I'm sure that things differ a little from state to state, and it's always good to ask someone who works with these kinds of situations every day. You would have to look and see, but many of them offer free consultations.

  • All times are GMT -7. The time now is 10:35 AM.