WORKMANS COMP MESS, NEED ADVICE. injured on job, thought not serious at 1st. saw dr 3 times in 4 wks?

Question

I had worked for a trucking company for over 5 years, have a very good record. On Dec 18, 2006 while cleaning out our truck for 3 weeks time off for Christmas and to relocate to ca from tx, i cut my leg on a exposed part of the drivers seat. not bad but i did report it on the trk computer, and told my supervisor, the safety dept and several other dispatchers.
Went to the doctor ( he is co wrk comp dr with co drvr for something else, but while there showed dr my leg and received antibiotics co comp rep was out so i paid. minor inj saw 2nd dr in ca at 2 wks. more meds, at 4 wks saw 1st dragain meds chng. infec set in said 2-3 wrks to heal. At 7 wks infec BAD. cld co wrk comp rep said see dr in tn, and wld reimburse. dr said cld lose leg. got home 2 ca saw dr bed rest leg elev off wrk 2-16thru jly 28. over 40dr visit, in home nurse for 3 months. in bed leg elev 5 month. wrk comp dny not notif timly. have ovr 100 pics strt 2nd wk. upon release was told I was terminated may 1st????

Answer 1

I can only answer as I assume you are stating, as the English is appaling and I cannot understand 1/2 of it. First, you must get legal representation. Your legal representative will get all company records related to the accident and all Doctor's reports. The next stage will be for your legal rep to put a case together. Once he / she has done so, he / she will contact the company regarding compensation. Your case will be communicates between your representative and the company's legal representative. Within 2 months, you should get a first offer. This comes from the company's insurer via the legal representatives. You should be advised to reject the first offer. You'll know the reason for this when you are informed of the amount offered. Within a further two to three months, you should get a second offer. Once again, you may be advised to reject the offer, even though it could be as high as double the first offer. If you reject the 2nd offer, your legal representative should file a claim in the civil courts. This can take a few months before you get a hearing. Within a day or two of the hearing, it is highly likely that you will be made a further offer, to prevent the court action. In many cases, this offer could be higher than what you will be awarded if you win your case in the court. Don't forget, you could lose your case, so this offer has to be considered seriously. Your claim should include, compensation for your injury, reimbursement of all your medical bills, any losses that are directly related, such as loss of wages, taxi fares to the Doctors etc. and now the most important, compensation for "Unfair Dismissal". You probably have a different term for this but even US courts do not like companies that fire people whilst they are sick. In the UK, it is a criminal offence for a company to fire somebody because of and / or whilst they are ill. Apart from the compensation, the company also gets fined. If you are ill, from an industrial accident and it is expected to be long term, an employer should have pensioned you off rather than sack you. Take the bast***s to the cleaners! In the meantime, check that the accident has been reported correctly as per US Law. Your employer may have a legal duty to inform the local authority or a Government Agency, if so check that they did. If they didn't, report them! I don't know if your system is the same but in the UK, every company is legally obligated to have an "Accident Book" of which "ALL" accidents, regardless of how minor, have to be logged. If the US is the same, make sure that it was logged. Without evidence, you could find it extremely difficult to prove the accident occured at work and you can guarantee that the employer will try to cover it up, if they can. You cannot rely on colleagues as witnesses, if the company can cover it up, as the company will make threats of job losses for any person that supports your testimony. Nobody wants to lose their job so they'll turn their back on you. Another way a company may act is to promote a potential witness of yours. The extra pay is their reward for keeping their mouth shut.

Answer 2

Get your Dr. to write them a letter stating why your healing time is taking longer than expected and the method of treatment needed to heal your leg.There is an appeal board and a copy of the letter should be sent to them.If you feel you were unfairly treated and get no where with them there are options such as getting a lawyer involved or an overseeing Government authority such as an ombudsman from your province. Good luck.