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.
2007-08-21 15:35:55 · 7 answers · asked by estilodogydogy 1 in Business & Finance ➔ Insurance
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.
2007-08-21 17:33:50 · update #1
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.
2007-08-21 15:55:51 · answer #1 · answered by Boots 7 · 0⤊ 0⤋
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.)
2007-08-21 15:44:29 · answer #2 · answered by mj69catz 6 · 0⤊ 0⤋
This is very gray. If during the course of work, even if it was during working hours, an employee is injured doing something not a part of his job duties, he may not be entitled to workmen's compensation. This definitely sounds like a case in which it was done during his lunch hour and not a part of his normal job. You may have some liability on your porperty if there was something that caused his injury.
2016-05-19 04:33:20 · answer #3 · answered by ? 3 · 0⤊ 0⤋
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.
2007-08-21 15:57:33 · answer #4 · answered by Anonymous 7 · 0⤊ 0⤋
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!
2007-08-21 15:44:27 · answer #5 · answered by David T 6 · 0⤊ 0⤋
could be well into the hundred thousands, especially if you decide to sue your employers as well
2007-08-21 15:44:37 · answer #6 · answered by t.s 5 · 0⤊ 0⤋
thereis really no way of knowing how much anyone will actually settle for but for all your injuries, it should be plenty!!---bettyk
2007-08-25 11:34:38 · answer #7 · answered by elisayn 5 · 0⤊ 0⤋