QUESTION
How much will the settlement check be approximately for a broken pelvic bone?
Asked on Nov 07th, 2012 on Personal Injury - New York
More details to this question:
I fell at work on backside and was in horrible pain so I went to the local urgent care hospital. The x-ray showed a displaced fracture of my sacrum and allowed to return to work with restrictions. After more than weeks of pain, and now apparent nerve damage I have now been told I can't work. Not only has the fracture not healed properly but now I have permanent damage because my return to work should have never been allowed per two physicians. It took six weeks of fighting with worker's compensation to get an appointment to see an orthopedic doctor approved (which is because the NP initially saw put in an inaccurate diagnosis code). I have never been out of work and I am an avid athlete. I may never run again. I may not be able to do my job after everything is all said and done. Worker’s Compensation is paying my medical slowly. I am scared. What am I going to do for work if I can't do what I've been doing for the last 15 years anymore?
9 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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You must immediately meet with an experienced WC attorney, like my self. If you can't ever work again you should be eligible for social security disability and there are significant interploys between the two claims which take expertise to handle properly.
Answered on Nov 09th, 2012 at 11:46 AM
There is no set amount and without knowing more information I would not be able your case. There is no mention of the weekly indemnity amount, permanency rating and restrictions. From the facts you've listed it appears you're not ready to settle. You never want to settle or try to settle too early.
Answered on Nov 09th, 2012 at 6:12 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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In works compensation, your settlement is based on your average weekly wage, the body part or parts involved in the injury, the permanent impairment rating assigned by the doctor, and disability rating which is ultimately determined by the workers comp commission unless you settle your case based on an agreed upon % disability. Pain and suffering, etc. are not elements of damage in workers comp. You may qualify for Social Security Disability and you should look into this as well as Long Term Disability if your employer provided this type insurance. You might consider looking into a Med Malpractice claim against the doctors who returned you to work prematurely. These are difficult cases, but your current doctors' comments seem to raise the issue.
Answered on Nov 08th, 2012 at 2:36 PM
Personal Injury Attorney serving Blackfoot, ID
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Baker & Harris
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It is way too early and there is not enough information to estimate the settlement in such a case. The injured worker is entitled to workers compensation benefits under Idaho law. It is too early to know the amount of those benefits. In addition, the injured worker may have a medical malpractice claim against the doctors who misread the x-ray. The injured worker should consult with an attorney.
Answered on Nov 08th, 2012 at 2:35 PM
Personal Injury Attorney serving Raleigh, NC
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Maginnis Howard
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That's impossible to say without knowing more about your claim. It certainly sounds serious enough that you need to be represented against the workers comp insurer. I would recommend contacting a local workers comp attorney to discuss your claim and how to maximize your benefits. It may be that you are entitled to significant compensation if you have a permanent partial disability and are, consequently, unable to work.
Answered on Nov 08th, 2012 at 2:35 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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It sounds like you have not had an attorney. You should have because the case does not seems to have been handled properly from a medical point of view and from a legal point of view. If you have all the disabilities you say you should have a medical doctor agree with you, preferably the worker comp doctor. If he does not agree, get you a doctor yourself who does agree. Ask for a hearing before the IC. If you are totally disabled to work as a result of your injury on the job you are entitled to be compensated accordingly
Answered on Nov 08th, 2012 at 2:34 PM
You should consult with or retain a plaintiff's lawyer who handles work-related cases for a complete evaluation of your case including your injuries and damages.
Answered on Nov 08th, 2012 at 2:34 PM
Birth Injury Attorney serving Willowbrook, IL
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Zimmerman Law Offices, P.C.
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You may have a workers compensation claim if the injury occurred in the scope of your employment.
Answered on Nov 08th, 2012 at 2:17 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Worker's comp covers medical expenses and time out of work. You cannot sue your employer for negligence. If you have a permanent injury, you may be able to get a "schedule award" which is based on a formula depending on the extent of your disability and your rate of pay, offset by payments that you have already received. But: you should get some advice as to whether the schedule award is your best option. Depending on your situation, you may be better off getting disability payments and having your medical expenses taken care of. Depending on what caused the accident, there may be another possibility, if there some party other than your employer who caused the accident, such as a janitorial company or repair service. Accidents that occur on construction sites or car crashes during the course of employment have particular rules as well.
Answered on Nov 08th, 2012 at 2:13 PM