QUESTION

I slipped on melting ice at work, fell and broke my arm in three places and back at work arm not 100, what can I do?

Asked on Mar 03rd, 2013 on Personal Injury - California
More details to this question:
After 2 surgeries I went back to work as per the surgeon. My arm is not 100 percent. It is constantly hurting, I try to put on my happy face because I am a school teacher, the scarring hurts when I wear long sleeves, I have involuntary muscle spasms, I wake up every 2 hours because it numb or throbbing or it is curled under me like it did when it was first broken. I normally slept on that side. Have not been able to since the accident. My doctor advised me he is only the surgeon he can't fix the other. What do I do.? The lady at WC is not nice. My school is being all right with me, I think I need to see another doctor for the pain, muscle spasms and try to regain all my mobility. I have maybe 70 percent of my mobility back. I am doing the physical therapy at home because workers comp would not pay for my transportation. At the time I was unable to drive. I need proper rest, I am exhausted, I have been back at work for one month. Typing this information my hand and wrist are tingling. The elbow is very tender to touch. When I lay it on the table to rest it I have fold a towel to put under it and keep at a certain degree or hurts and/ or goes numb.
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12 ANSWERS

Don't agree to a settlement until you have healed or stabilized. A good worker's compensation lawyer can help.
Answered on Mar 08th, 2013 at 11:47 PM

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Ronald A. Steinberg
If your employer owned or controlled the property where you fell, then your only remedy is worker's compensation. If your employer rents the property, and the landlord knew or should have known of the problem before you fell, then you can make a claim against the landlord.
Answered on Mar 06th, 2013 at 11:36 PM

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Contact a work comp attorney in your area to discuss your situation.
Answered on Mar 06th, 2013 at 1:09 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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No one can solve all your problems caused by injury. Your case is based on medical care and medical opinions. Share your problems with your doctor. If you have a lawyer ask him how to proceed
Answered on Mar 06th, 2013 at 1:08 AM

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Personal Injury Attorney serving Overland Park, KS at Ankerholz & Smith
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Consult an experienced personal injury attorney in your area. You may have a combination of workers' compensation claim and premises liability claim. Do not delay, as time restrictions apply.
Answered on Mar 06th, 2013 at 1:07 AM

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Personal Injury Attorney serving Kansas City, MO at Nash & Franciskato Law Firm
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You need to hire a workers compensation attorney to help you with your claim. It sounds like you may be entitled to compensation for additional medical treatment plus a settlement for your permanent injuries.
Answered on Mar 06th, 2013 at 1:07 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at 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 and damages for "pain and suffering" is not available. 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. There may be another possibility, if there some party other than your employer who caused the accident, such as a maintenance company.
Answered on Mar 06th, 2013 at 1:05 AM

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You are entitled to a second opinion if the Dr has given you a final diagnosis that you are not happy with. You really must get an attorney. You don't pay any thing unless toy receive a settlement or award.
Answered on Mar 06th, 2013 at 1:03 AM

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Premises Liability Attorney serving Herndon, VA at Abrams Landau, Ltd.
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From the facts you have shared, I cannot tell if you are under the protection of an Award or not. We have seen cases where the Third Party Administrator for the School System encourages the injured teacher to use health insurance instead of Workers Comp. Unfortunately, because of the strict time deadlines and panel physician requirements, many hard-working folks employed in our County School systems find themselves in bad shape after an on-the-job accident. Have you looked at your official VWC file online. That will show you what has and has not been done on your claim, and it is free.
Answered on Mar 06th, 2013 at 1:01 AM

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You need a professional and experienced worker's compensation attorney to represent you to get the maximum settlement for you.
Answered on Mar 06th, 2013 at 12:47 AM

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James Eugene Hasser
You have a right to a second opinion under the Alabama comp act. They have to give you a list of 4 Drs. to choose from. No 2 of the Drs. can be from the same practice. Comp has to pay your mileage for physical therapy, and if you can't get there, provide you with transportation. Good luck.
Answered on Mar 06th, 2013 at 12:41 AM

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Workers Compensation Attorney serving Torrance, CA at Law Office of William S. Lindheim
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Dear Gentleperson, Firstly, I am sorry to read about your tragedy and hope that you will feel better soon. Secondly, you have the right to file a claim for workers' compensation benefits. Since you wrote that your arm is not 100% recovered, it sounds like you have "permanent disability" which is defined as the irreversible residual effects" from a work injury. Under the laws of California, if you have permanent disability you can be compensated for it. Just exactly how much your case is worth is dependent upon the level of permanent disability, and who determines the level of the permanent disability will be the treating doctor. But keep in mind that if the insurance carrier does not agree with the treating doctor's opinion on the level of permanent disability, the carrier can (if you injury is after 01/01/05) request from the State a panel of 3 doctors from which each side gets to strike one name and the remaining doctor shall be the "panel qualified medical examiner" who will be responsible for reporting on the level of permanent disabilty. If the treating doctor's opinion on permanent disability differs from the opinion from the panel qualfied medical examiner, the parties can either negotiate a settlement value based on some figure in between, or take the case to trial where the judge will decide whose report will be followed. Don't forget the losing side can appeal also from the judge's decision. Thirdly, good luck and all the best to you.
Answered on Mar 06th, 2013 at 12:40 AM

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