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 hesitant 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.
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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.