Work Comp

[TAT76]

I'm wondering if anyone could give some advice on dealing with work comp?
I had an ACL blow out when I was younger and work comp covered it then after I was released left me with nothing but pain in my knee. Being young I didn't think anything of it at the time but now I'm seeing and dealing with it on a daily.

Jan 15th I was injured and now have a plate and 9 screws in my ankle. Out of work till end of April but sounds like this could take up to a year to walk without a limp and may never be as it was before. Family and friends suggest getting a lawyer but I know that if I do I can kiss my job good bye.. I don't feel I need to at this time as they are doing everything they can to help me right now.
Do I wait and see how it works out or just make a call and have some back up?
Thanks for any advice or a**hole remarks. :ror:

 

[sixty3]

I'm not one to give advice. I don't know enough about your situation to offer anything of value, but I will share what happened to me.

I worked for a company and was injured. Went to see the company doctor, placed on light duty for a couple of weeks, back to work, back to light duty a few weeks later. There didn't seem to be much relief when I worked light duty so I tried to work through the pain. I valued my job and my company.

After an entire year of bouncing from light duty to regular work I was getting pretty fed up and honestly depressed about the situation. I told them that I needed to see a specialist since I was not improving. The entire year up to this point my company treated me very well and seemed sympathetic to my injury and situation. Once I was seen by the specialist and a plan of treatment was established my company treated me entirely different.

They no longer wanted to help and cut me off. I had to lawyer up, and I am not a "lawyer up" kind of person. I had to sue them in order for my treatment to continue. That took about 6 months---with no income or workers comp coming in---not fun. Judge ruled in my favor, but denied back workers comp, I never understood that one.

I was a union employee and our contract had a clause that stated my employment was secure for 365 consecutive days of missed work due to injury. With the 6 month delay while I was fighting for coverage and with the time for surgery and recovery I reported back to work on day 362. Ready for regular duty. My company and union had decided I was no longer needed.

My lawyer wanted to sue for wrongful termination-yada yada yada- but even if we would have done that and got my job back they would have found a reason to get rid of me at a later date. I decided to take my clean bill of health and see what else life offered. Lawyer was not happy $$$.

Sixty3

 

[BrazinScaleRC]

I didn't think anything of it at the time but now I'm seeing and dealing with it on a daily.

I don't feel I need to at this time as they are doing everything they can to help me right now.
Do I wait and see how it works out or just make a call and have some back up?
********************************************************************************

cover your ass now so you don't lose it later.
a free phone call to a local lawyer is a good place to start.

 

[offroadace]

Your HR department should be able to help and explain Short Term Disability and Long Term Disability through your company. Depends on the company and if options are offered.
If you company does not offer this, then you may need legal counsel.

 

[snapon boy]

Not all but a good deal of employers will secretly look for a way to let you go. I use to be a health and safety officer for one of my jobs. They would talk about how most injured employees would leave the company one way or another very shortly after getting back to work. So cover your but. CYA

Ksh team driver

 

[TAT76]

Thanks guys..
My knee injury was with this company and once I was released 100% I was laid off.. That was 9 years ago and just last year I was hired back and now wonder if I will be let go again once I get back from this injury. HR don't seem to want to help other then helping with work comp and they are covering everything. I believe the company knows I could sue do to a manager not doing his job and as a result I was injured, so I think they are trying to keep me happy till I'm released hoping I don't lawyer up.
I understand I should get a settlement for the % I loose and also know this is where WC will screw you. With my knee I didn't know anything so I signed off saying I was good and found out after that I will have issues forever and may need surgery again someday. This is what I don't want to happen with my ankle..

 

[crawlhog]

Not all but a good deal of employers will secretly look for a way to let you go. I use to be a health and safety officer for one of my jobs. They would talk about how most injured employees would leave the company one way or another very shortly after getting back to work. So cover your but. CYA

Ksh team driver

This right here, after 36 yrs in the work force and seeing many injuries and many guys that lawyered up only 1 kept his job. Ive also been injured a couple times but never got a lawyer because I knew the outcome.

If you do get a lawyer IMO your company will stop being so helpful.

Good luck

 

[TAT76]

This right here, after 36 yrs in the work force and seeing many injuries and many guys that lawyered up only 1 kept his job. Ive also been injured a couple times but never got a lawyer because I knew the outcome.

If you do get a lawyer IMO your company will stop being so helpful.

Good luck

I 100% agree but at the same time don't want to be stuck with no future medical coverage. It's a tough call that I'm struggling with.

Sent from my SM-G900V using Tapatalk

 

[Mike Flea]

If work comp, you should have been assigned a liaison from work comp, and a case number. He or she can answer a lot of questions that you have, as well as put you in touch with a work comp specific lawyer to answer the important questions you have mentioned. You have to ask for the lawyer, they don't just come out and give you one.

I work for a municipality, they took extremely good care of me when I broke a bone in my foot. When it was all healed, and I was released by the OSHA doc, about 3 weeks later I get a call from my liaison saying I needed to go down to the State building in the city to get my settlement. I asked "What settlement?", I had never asked for a lawyer, always kept the liaison informed of my condition and the great treatment I was getting from the village, and she told me that every part of your body is assigned a dollar amount when you're injured, depending on the severity of the injury, and that if I wanted to dispute the settlement (ask for more money if I felt it wasn't sufficient), they would assign me a lawyer, but then it might take longer to receive the settlement. When I asked how much a foot was worth, (30k), I was floored, but also told her that I didn't want to sue, because they took care of me. She said I'm not actually suing the village, that it is state money set aside for work comp, and that all employees that are injured on the job receive a monetary settlement from work comp.

Now if your company hasn't filed the paperwork correctly, and you haven't received the letter from a work comp liaison, then you should do a little investigating on your own. Contact your local work comp office, for your state, and inquire about a liaison, and possibly a lawyer. You should receive a letter from work comp 7-10 days after your injury assigning you a liaison, and a case number.

 

[TAT76]

If work comp, you should have been assigned a liaison from work comp, and a case number. He or she can answer a lot of questions that you have, as well as put you in touch with a work comp specific lawyer to answer the important questions you have mentioned. You have to ask for the lawyer, they don't just come out and give you one.

I work for a municipality, they took extremely good care of me when I broke a bone in my foot. When it was all healed, and I was released by the OSHA doc, about 3 weeks later I get a call from my liaison saying I needed to go down to the State building in the city to get my settlement. I asked "What settlement?", I had never asked for a lawyer, always kept the liaison informed of my condition and the great treatment I was getting from the village, and she told me that every part of your body is assigned a dollar amount when you're injured, depending on the severity of the injury, and that if I wanted to dispute the settlement (ask for more money if I felt it wasn't sufficient), they would assign me a lawyer, but then it might take longer to receive the settlement. When I asked how much a foot was worth, (30k), I was floored, but also told her that I didn't want to sue, because they took care of me. She said I'm not actually suing the village, that it is state money set aside for work comp, and that all employees that are injured on the job receive a monetary settlement from work comp.

Now if your company hasn't filed the paperwork correctly, and you haven't received the letter from a work comp liaison, then you should do a little investigating on your own. Contact your local work comp office, for your state, and inquire about a liaison, and possibly a lawyer. You should receive a letter from work comp 7-10 days after your injury assigning you a liaison, and a case number.

Thanks for your time and information. I do have a WC agent I report to and receive biweekly comp from. He has been very good to me and I report to him after every appointment.
My understanding of it is like insurance. They don't want to pay you and if they do then it's as little as possible and getting a lawyer would fight against WC for me.
A settlement would be nice and help me get out of what this is putting me in but I'm more concerned with the future medical. I have hopefully another 40+ years and I'm sure having all this hardware I'm going to have issues later if not right away. From what I've read it's possible that I'll only get 40% of movement back and I'm a huge outdoors guy so that right there is a big issue. 30K is nothing if I can't hike and play in the backcountry.

 

[snapon boy]

You might get a Dr's second opinion on you medical treatment to make sure it's the best way to for your future and not just the creepiest way to go for them.

Ksh team driver