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on the job injury resulting in surgery

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grandma2004

Junior Member
What is the name of your state? IL

My husband works in a corrugated paper (boxes and pallets) company in IL. In March a stack of boxes almost fell on him. He put up his hand to catch them, and his wrist and fingers bent backward. A trip to the work fitness center resulted in xrays, then he was sent for several therapy sessions. After several therapy sessions, and restricted duty at work, and loss of OT, more xrays were taken because the injury was getting worse. It was discovered he had a severely torn ligament in his wrist. He had to have surgery, and until recently had 9 pins in his wrist. Now he only has 6 pins. The cast has been removed finally, and this week the doctor released him to work OT again, and to drive a forklift again, but he still has restrictions on allowed movement such as pushing and pulling. He also has very little movement in his wrist.

During the months after surgery, Dr. ordered that he was not to use his left hand at all, and he was to stay in a clean air-conditioned environment. The company insisted he use his left hand for occasional tasks, and it wasn't possible for him to stay in clean environment (a lot of dust from cardboard and glue in the air), even though my H's office is clean and has AC he has to walk the floor to supervise. We believe this has all been documented with the doctor. Now that the cast is off, he has almost no movement in his wrist, but he hasn't had any therapy sessions after cast removal. Therapy begins next week. The Dr. said there will definitely be some loss of use in his wrist, after everything is said and done. Can you tell me what a reasonable settlement offer would be for this type of injury? My husband has been told that the company will offer a settlement in the future. Also, can you provide the standard settlement rates for percentages of loss of use of a limb? I know this isn't over yet, so no definite answers can be given, but would like to know what to expect and what is reasonable and what isn't.

Thank you.
 


seniorjudge

Senior Member
I am not a WC attorney so I don't even know what you're talking about.

BUT, if you want an answer here, cut this thing in half and leave out all the editorial comments.

You may stand a better chance with someone who knows something about this area of the law.
 

grandma2004

Junior Member
work injury resulting in surgery

Sorry it was so long. Basic facts: he was injured at work, torn ligament, needed surgery to insert 9 pins, may need more surgery. Employer didn't comply with Dr.'s restrictions. Will lose some use of his wrist. We've lost about $6000 in loss of OT, but he was only off work for 6 weeks. Were advised not to get an attorney at this point. If employer offers reasonable settlement, won't get attorney. Need to know what a reasonable settlement would be.

We aren't familiar with the WC terms or what to expect. Will they reimburse him for lost wages?

Thanks in advance for any help.
 

JustDream

Member
I am not a WC attorney. I am an Occupational Nurse. If the employer is not compling with the restrictions your husband should bring it to their attention and then if they still ask him to work outside his restrictions he should report it to the DOL.

Generally it will not matter that he has missed over time pay.

Was he paid by WC when he was off work? He should have recieved temporary total disability payments while he was off. This is caculated differently in each state. He should be paid for lost wages as long as the treating physician has put him off work.

It is hard to say what a "reasonable settlement" would be. This is calculated using your husbands average weekley wage and the amount of impairment that he recieves once he has reached MMI. (MMI is Maximum Medical Improvement which basically means he is as well as he is going to get). It will be easier to "guess" a reasonable settlement once he has an impairment.
Your are wise to wait to contact a lawyer and you may not need one. Check with your local DOL worker's comp division about a mediation process. Often they have specialist that can advise and assist at no charge to you unlike an attorney who will get a percentage of your settlement. Sometimes it is necessary to get an attorney. If you do not get help from the DOL contact an attorney to make sure your husband is getting all of the benefits he should be receiving.


It is hard to answer all of your questions because the laws vary by state. Some of the information may be different based on your state laws. Your states Worker's Compenstation website is http://www.iwcc.il.gov/ You may find some of the answers there.

Good luck and I wish your husband well!
 

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