WORKERS COMP

[MR. ISTRE]

DEC. 29. 1999 I WAS INJURED MOVING A 550 POUND TANK. IT FELL ON MY WRIST. I WENT TO A HOSPITAL CLINIC DOC XRAYED IT SAID IT WAS A BAD SPRAIN. THIS WAS ON WED. HE TOLD ME TO FOLLOW UP WITH MY DOC. ON MONDAY. HE XRAYED IT AND FOUND 2 FRACTURES. HE PUT A CAST ON IT FOR 6WEEKS. IT STILL HURT AND HE SAID GIVE IT 2 WEEKS AND IF IT STILL HURTS COME BACK. I CAME BACK 2 WEEKS LATER HE THEN PRESCRIBED THERAPY FOR 4 WEEKS. WRIST WAS WORST AFTER THERAPY. THEN HE FINALLY SENT ME TO HAND SPECIALIST. AFTER ALL THE TEST I HAD SOME BAD CARTLIGE TEARS. STRETCHED LIGAMENTS JUST HAD SURGERY ON WRIST TO REMOVE ALL TORN CARTLIGE OUT AND FOUND THAT THE LIGAMENTS WERE BADLY STRETCHED MORE SURGERY POSSIBLE.IF THIS SURGERY DOESN'T WORK FOR LIGAMENTS THEN HE WILL FUSE MY WRIST AND WILL LOSE 30% OF THE MOVEMENT. I ALREADY KNOW I DON'T HAVE A JOB WHEN I'M RELEASED FROM THE DOCTOR. I'M THE ONLY ONE WHO BRINGS MONEY IN. I HAVE A WIFE AND 5KIDS
DO I HAVE A CASE AGAINST ANYONE. THANK YOU

 

[lawrat]

I am a law school graduate currently awaiting Bar results. What I offer is mere information, not to be construed as forming an attorney-client relationship.


It seems you probably have a case against your employer for Worker's Compensation, however, it would depend on whether you were being negligent moving this tank, if you had authority to move this tank and so on.

Read the section on employment law at freeadvice.com and the explanation for worker's compensation. From there, I suggest contacting the proper organizations to help you for low or no cost.
Try legal aid foundation (yellow pages, community guide section, under legal services).

Hope this helps.

 

[MR ISTRE]

I WAS DOING MY REGULAR JOB. I'M REQUIRED TO LOAD AND UNLOAD THESE TANKS. ON NUMEROUS OCCASSIONS I TOLD THEM THESE TANKS WERE TO HEAVY FOR 1 PERSON TO MOVE AROUND ON THE DOLLY . ALL I WAS TOLD IS THAT IT HAS TO BE DONE.

 

[lawrat]

Remember my disclaimer from my first answer.

Well, if you told them it was too heavy for you and you couldn't get anyone else to help you, when you file your claim, an investigator will ask: so why did you do it still? At which point you would have to tell them why.

Were you afraid of losing your job?

It should have been the employer's duty, once you told them it was too heavy for one person, to get you additional help or leave it be for the time being.

Hope this helps.

 

[16952]

Maybe I'm wrong, but it's been my understanding that Comp. laws were put in place to protect the EMPLOYER, although the law appears to be an "easier" route for an injured worker to recover from injury--In the course of Employment--- regardless of a negligence factor on the employees part.
Some states have sites listing thier statutes, and you may be able to get more information through those sites, but start with your employer, Have you reported the injury?? Is your employer paying for the medical work being done now?
try clicking here-> -> http://neuro-mancer.mgh.harvard.edu/cgi-bin/Ultimate.cgi.
hit General Subjects, then to the bottom of the page "workers compensation". You'll find others who may be able to answer ques?.
Any trouble getting there, e-mail me and maybe I can more info. for you...KD

 

[16952]

As I just checked the 'address' as it was written above, it did not work right, if IAAL, or Tracey doesn't respond, e-mailme, I'll get more for you--Good Luck-KD

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by 16952:
As I just checked the 'address' as it was written above, it did not work right, if IAAL, or Tracey doesn't respond, e-mailme, I'll get more for you--Good Luck-KD<HR></BLOCKQUOTE>


My response:

You're doing just fine by me. However, I would like to know IF the employer even has worker's comp. The writer doesn't mention it, and that sends up red flags for me. If the writer's employer doesn't have Worker's Comp insurance, then I'll have more to add.

Good job 16592. (That wouldn't be a "prisoner number" would it?)

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[16952]

Ha! No, it's not, but I'm glad to see you're on tonight- Just cannot remember my name sometimes, wife suggested last employee nmbr from company when I wrecked. Thanks for the laugh.

 

[MR ISTRE]

YES THE COMPANY HAS WORKERS COMP. YOU ASK WHY I MOVED IT ANYWAY. WELL MY JOB CONSIST OF DRIVING A TRUCK AND FILLING THESE TANKS. I'VE ALSO HURT MY BACK 2 TIMES MOVING THESE TANKS AND ASK FOR THOSE BELTS TO HELP SUPPORT YOUR BACK THEY TOLD ME THE COMPANY WOULD NOT ISSUE THOSE IF I WANTED ONE GO BUY IT. I'M NOT THE ONLY PERSON HURT ON THE JOB THIS IS A BIG CORP. AND THE LAST GUY WHO WAS HURT MISS 3 MONTHS OF WORK, WHEN HE WAS RELEASE FROM THE DR. THEY LET HIM WORK ONE DAY AND AT THE END OF THAT DAY THEY FIRED HIM.I'M GOING ON 4 MONTHS AND I'VE ALREADY BEEN TOLD I'M A LIABILITY TO THIS COMPANY WITH A WRIST THAT WILL BE WEAK FOREVER AND THEY PLAN TO DO THE SAME TO ME. DO I SUE BEFORE I GET RELEASED OR AFTER AND WHAT WILL HAPPEN TO MY WORKERS COMP. BECAUSE NOW WHEN I HAVE TO GET ANOTHER JOB I'LL HAVE LIMITATIONS AND KNOW I WILL HAVE A HARD TIME FINDING A JOB WITH THESE LIMITATIONS. THERE IS ONE GUY THAT IS MAMED FOR LIFE THAT WORKED WITH ME HIS HANDS WERE FROZEN FROM THE CO2 HE'LL BE LUCKY HE EVER USES HIS HAND AGAIN. I WAS ALSO AT A MALL PROPERTY WHEN THIS INJURY OCCURRED.

 

[MR ISTRE]

IT WAS MY JOB TO MOVE THESE TANKS. I HAVE A ROUTE JOB AND I'M THE ONLY PERSON THAT HAS THIS ROUTE. IF YOU DON'T YOU IT YOUR FIRED. IF THE CUSTOMER CALLS IN SAYING YOU REFUSED TO FILL THEIR TANK THE COMPANY LOSES THESE HUGE ACCOUNTS NATION WIDE AND YOUR FIRED.

 

[16952]

http://neuro-mancer.mgh.harvard.edu/ubb/rolleyes.gif

Sounds like you did the best that you could do, and you are slighted for hurting yourself- I'd talk to a local W/C attorney today, especially if they told you that you'd be a 'liability' (read disability) to them. The only way that could be, is if you were no longer able to function in your current position. Companies get mean, mean, mean when they feel that they will be paying somehow for an injured worker. Don't give in, I too was terminated after 'release from W/C doctor, no problem, $580.00 per week judgement helped. Please post after talking to a local attorney, and see how that attorney can help. It may ease your mind, at least a little. Good Luck-KD