QUESTION
What amount can I ask for if I am temporarily completely disabled and have pending therapy and/or surgery for a torn right rotator cuff?
Asked on Nov 05th, 2012 on Personal Injury - New York
More details to this question:
The steady workload increased over the ten-month period. I am on 12-hour shifts, no breaks, 4 days a week. I told supervisor and General Manager of the injury. They told me that they would get back to me but there’s still no action taken after three months. I went to the doctor on my own.
12 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Hire an experienced WC/personal injury attorney. If you have an occupation disease case you may lose it if the Legislature changes the law soon.
Answered on Nov 10th, 2012 at 4:26 AM
There is no set amount many variables factor into the amount of money that you may qualify to receive. Accident victims can be compensated for economic damages: actual dollar losses such as medical bills, lost wages, and lost future income earning ability. Pain, suffering,humiliation, loss of enjoyment of life, and grief over the loss of a loved one are some of the non-economic losses for which a person may receive compensation. Punitive damages are also awarded in rare cases which serve to punish a defendant for extreme negligence and serve to deter future similar conduct by that defendant and others.
Answered on Nov 07th, 2012 at 8:29 PM
Dennis P. Mikko
You should contact an attorney specializing in worker's compensation so that you can file a claim against the employer without further delay.
Answered on Nov 07th, 2012 at 8:29 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You are handling it all wrong. The claim should be reported to your boss, then to the insurance co. you should be sent to a doctor paid by the company. Call the Industrial Commission in Raleigh and make sure the claim is filed or hire a comp lawyer to do it the right way.
Answered on Nov 07th, 2012 at 8:26 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It would appear that you have defined a possible Worker's Compensation claim. You should seek legal counsel
Answered on Nov 07th, 2012 at 8:26 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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In Montana, file an occupational disease claim with the State Dept of Labor in Helena.
Answered on Nov 07th, 2012 at 8:26 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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Consult an attorney.
Answered on Nov 07th, 2012 at 8:25 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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I am assuming this is a work related injury. You are entitled to 2/3 of your average weekly wage while you are out of work per doctor's orders (Temporary Total Disability). Once your injury stabilizes (maximum medical improvement), you are entitled to a settlement that is based on your average weekly wage, any impairment rating the doctor gives you, and based on how the impairment affects your ability to work in your vocation (disability rating).
Answered on Nov 07th, 2012 at 8:25 PM
You should consult with or retain a lawyer who handles work-related matters for a complete evaluation of your case, including damages.
Answered on Nov 07th, 2012 at 8:25 PM
Automobile Accidents and Injuries Attorney serving Santa Ana, CA
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Law Offices of Maurice L. Abarr
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You are entitled to 2/3 of average weekly earnings (up to a certain limit. .. around a $1,000 per week now) while treating and recuperating from an industrial injury. The maximum amount of these benefits, called Temporary Disability benefits, is 2 years. If the Workers' Compensation insurance will not provide you benefits (because they delay the claim to investigate or outright deny the claim), you can still get State Disability for up to 1 year which pays approximately the same amount as WC would pay.
Answered on Nov 07th, 2012 at 8:24 PM
Arbitration & Mediation Attorney serving Ann Arbor, MI
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Blaske and Blaske PLC
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Contact a worker's comp attorney.
Answered on Nov 07th, 2012 at 8:24 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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It sounds like you are describing a worker's comp claim. Worker's comp covers medical expenses and time out of work. It does not matter what you ask for, that is all you are entitled to.
Answered on Nov 07th, 2012 at 8:24 PM