re-injury to right shoulder

[ricmsep]

What is the name of your state? california.. iam trying to see if it is worth pursuing the use of an attorney.about 14 years ago i had numerous operations as a result of culumative trauma.body parts included surgury to right and left rotators,two right inner elbow surgury involving ulnar nerve also 3 knee procedurers and several procedures to the back. i spent 23 plus years with a tire company who in the end when i had announced i would go out on disibility for a back and neck procedure decided i was no longer valuable to them and the next thing you know i loose my job.that aside the state of california found me to be 54 % disable and the insurance company agreed to 40 % and future medical. what was strong for me in my case was the fact that even after all the procedures had been done i had returned to the same employer and was working almost 3 years before case went to court.about 10 years after that i finally settled with the insurance company.
then all of a sudden i shred the right shoulder again working for a new tire company.have been with them for 5.5 years this procedure was more radical not sure yet how it will roll out on recovery. was just operated on oct 5. i did speak to an attorney who said i would have difficult time locating attorney since i had previous injury and there would not be as much money in the settlement.
not sure exactly how to interpet that what do you suggest ?
very confused my percent of disabilty iam sure will go up.
so how is the best way to handle do it on my own ??

ric

 

[SuzieWahoozie]

Answer

I am not an attorney, but if you have spoken to one and been given the advice you were, if you feel he/she is a competent attorney, I suggest you follow that advice.

I believe there will be "issues" because you have not only a previous injury, but a previous settlement. And my guess would be that that settlement included a waiver of your right to future lawsuits. You probably "released" them from legal liability in amongst the things you signed previously.

However, if the settlement does mention "future medical expenses" and you can prove that this current injury is directly related to the previous injuries, I'd be sure the insurance company with whom you settled is held accountable.

If this is an on-the-job injury (I wasn't clear from your post), be sure your ER knows the full scope of the issue. When the WC carrier finds it on their own (notice I said "when" not "if"), they may deny your claim because they may see it as an attempt to "double-dip" and get paid twice for one injury. Also, they need to know your previous settlement was based on 40% disability. If the disability level does change as you suspect it will, they may be willing to adjust for that change and offer settlement based on those new figures.

No one, however, is going to be able to make any valid decisions without ALL the information.

Withholding informaiton from either insurance company is going to be detrimental to you. The situation is probably going to take a while to resolve anyway as the insurance carriers will be "duking it out" a while over who has the responsibility to pay these bills (Is it a NEW injury or an exacerbation of the old?).

 

[ricmsep]

follow up on response to right shoulder injury

california,
suzie thanks for your response to my inquire. however i guess i need to give you more facts.
i settled with the original insurance company on all the
injuries that happen to me back 14 years ago. that was with a different company i worked for and i settled with them around 1999,
i then went to work with my present employer going on 6 years. i was injuried on 10-10-04 this is a new injury and a new claim working for a different company and also the insurance company is different.
i in fact did give them proper information regarding previous injury,settlement,and also that i had a 40% rating but that included all the injuries and operations.
they asked me and i told them the truth.and yes this injury did happen at work.

since i apparently will have a difficult time getting a new attorney because of previous injury can you give me some guidence regarding a fair amount that i should consider when time comes to settle this issue.

they are not disputing claim i had surgury performed 10--5-04 and they are currently paying me workman comp pay and i also go 3 times a week for next 6 weeks for rehab which they also are paying for.
it does not seem to me that there is an issue its just iam looking for advise on settlemnt dollars down the road and if its going to be to complicated for me then i may need to try a bit harder for an attorney, or is this a open and close case.
i get better go back to work tentive date 11-17-04 and wait for the offer. please accept my thanks in advance for
advise...

ricmsep

 

[Besideherself]

You can apply for a new workers' compensation claim. A new Labor Code Law went into effect in April 2004 which includes apportionment and causation. You would basically go through the same medical-legal procedures as you did before, but they would apportion a percentage of your overall disability percentage rating to the previous injury, and you would be awarded for the remaining percentage.

You do not need an attorney for this, but I would advise hiring one because of your previous injuries, as it will be more complicated.

 

[ricmsep]

follow up after surgery

state of calif.
after having surgery to repair right shoulder went back for follow up and after 7 weeks thought would get release to return to work. doctor said another 7 weeks before releasing
advised employer,manager i worked with very unhappy said ill take care of this and stated futher this is not going to happen.very hostial about it frankley its because this employee is having to now really work and cannot take off when ever due to me not being there.very uncomfortable for me to go into store to see this manager.i know the doctor has the final word when i go back and iam sure he would not want me to reinjure shoulder perhaps fearing malpractice suit if something happened. i could do limited work answer phones talk with customers but no lifting for now. in fact even when he releases me told me would be with limitations after another 7 weeks.
employer wants me back so that employee can resume
her needs. i drive to rehab and can do many things left handed but doctor told me out of habit i may use right side and could reinjure.and to do nothing even at home.
where do i stand i want to maintain good repore and do not want to return to a hostal work enviornment once iam released. i have conveyed this uncomfortable situation to my boss and not heard back as of yet from them.
i explained i am sorry i was injured but accidents happen and i certainly did not look forward to a surgery and the pain that went with it prior and after but thats what happened and iam a pawn.iam feeling that once i return i will not have same relationship and will be abused regarding when i need time off or how iam treated. i believe the manager will take it out on me like it was my fault what the doctor does. very confused any ideas thanks in advance... looking for advice