Injured at work, had urgent surgery, denied a workers comp. claim form. How much $ am I approx. looking at?
My injuries were severe. I had a laminectomy, fusion of the vertebrae which required 4 screws and 2 rods, and 2 weeks in the hospital. I will have to live with chronic back pain forever. Employer denied me a workers comp. claim form, because he said that I did not get injured at work(I know that is not for him to decide). I now am working with an attorney. Someone out there must know approx. how much my case could settle for. Thanks.
My injuries were severe. I had a laminectomy, fusion of the vertebrae which required 4 screws and 2 rods, and 2 weeks in the hospital. I will have to live with chronic back pain forever. Employer denied me a workers comp. claim form, because he said that I did not get injured at work(I know that is not for him to decide). I was hesitent to tell him that it was because of work and that I was afraid to lose my job. I lift heavy items repeatedly, and lug around town on service calls a toolbox weighing approx 30-40 lbs. Now I know that he can’t fire me just because I claim workers comp. I did tell my boss in May that I had lower back pain. In June my disc herniated, and I worked in severe pain for another 10 days until I was admitted to the hosp. After I was told that I have up to 1 year to file a claim, I did. I am now working with an attorney who only works on a contingency basis, and obviously took my case. Someone out there must know approx. how much my case could settle for.
More Relevant Articles:
- injured at work insurance denied claim
- workmanship comp denied me because of previous injury can I sue
You have an attorney you are working with who will try to get you every penny you deserve.
Were there witnesses to your accident who can substantiate your claim that it was work related?
All I can say is SUE SUE SUE!
General rule is to take the expenditures on your medical care and that is about what you get (the settlement is usually expenses x 3, 1/3 for doctors, 1/3 for attorney, 1/3 for you) however your attorney will be the one you need to talk to. There are other factors when you have permanent/partial disability (as in your case.)
could be well into the hundred thousands, especially if you decide to sue your employers as well
Workers Comp is a completely different animal from tort liability (like w/ car wrecks). I don’t handle WC (I do tort) but here’s what I have picked up…
Workers Comp is an exclusive remedy – you give up your right to sue for tort and the employer gives up the right to argue that your negligence contributed to the injury.
WC generally has a network of providers that you treat with. If you choose to treat with a provider that is outside the network, you could jeopardize your WC claim.
One problem you have is proving that the injury occurred in the course of and scope of your employment. Did you notify your employer immediately after injuring yourself? Were their witnesses?
Once you get over that hurdle – workers comp frequently has a schedule of a max they will pay per week – the number of weeks is based on the type of injury. In essence they have a chart that says how much each body part is worth.
This is really a question that your attorney should answer since they know the laws of your state and WC can vary significantly from state to state.
Workers comp settles for lost wages and medical bills, NOT pain and suffering. Sorry.
so, for as long as you’re “disabled” according to your doctor – either partially or fully, and how old you are, and how the injury affects your future earnings . . . PLUS, any state limitations on it, plus the extent of your medical bills including rehab.
thereis really no way of knowing how much anyone will actually settle for but for all your injuries, it should be plenty!!—bettyk
That ”SUE SUE SUE” advice is waaaaaay out there, You dont have a
civil/tort claim. Your employER is wrong, but you can still file
the claim with the WC board, and so to your Dr. Your treating
physican and/or the hospital should NOT bill you for any services,
but rather contact the ER and get the insurance carriers
information and bill them.\ On top of that…there NO WAY to tell
what your dollars will be. Just know that you WILL be going back to
work. Some type of work whether that is pre injury job, or
condition doesn’t- matter. Follow the advice of your
attorney…thats what he’s there for.