QUESTION
What are my options if I have been hurt at work for the second time?
Asked on May 12th, 2013 on Personal Injury - Georgia
More details to this question:
This is the second time I've been hurt on the job moving a patient. This time I had an MRI and I have a partial tear of my tendon in my shoulder. I may not need surgery but if I don't have surgery I will have pain during certain moments for the rest of my life.
15 ANSWERS
You will have surgery eventually. You should file a workers' compensation claim and hire a lawyer to help you with the claim.
Answered on May 16th, 2013 at 7:20 AM
As to your employer, you are limited to making a Workers' Compensation claim. They do not appear to be acting in a serious and willful misconduct fashion.
Answered on May 16th, 2013 at 7:17 AM
You may try physical therapy and medication/injections. However, shoulder surgery can be very effective in reducing your pain and to get approval you may have to be evaluated by a QME/AME examiner.
Answered on May 16th, 2013 at 6:27 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Just like the first time, you file for worker's compensation.
Answered on May 16th, 2013 at 6:22 AM
Car/Auto Accident Attorney serving Hacienda Heights, CA
at
Gary Lee Platt
Update Your Profile
You should consult a Workers' Compensation lawyer as soon as possible. You will need to make a claim against your employer's W.C. insurance policy. You may also need to be seen by an independent doctor (one NOT hired by your employer) to evaluate your condition, prognosis, and the chances you might need a lot of future treatment. The sooner you do this the better.
Answered on May 16th, 2013 at 1:31 AM
Ronald A. Steinberg
The same options as the first time. Make a workers compensation claim and get the best medical care possible. Get a good lawyer.
Answered on May 14th, 2013 at 12:51 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
A comp settlement is always based on medical opinion, not your opinion. Talk to your doctor and see what he is willing to say. That is all you have.
Answered on May 14th, 2013 at 12:50 PM
Your first step is to notify the employer of your alleged work injury. Since you had an MRI, you have already seen a physician a have a diagnosis. If your injury is work-related, then your employer is liable for all medical costs associated with the work injury. If you miss work then you are likely entitled to wage loss benefits as well. You may even be able to have your work duties modified to accommodate your injury. Much of what course of action you can pursue depends on the response from the employer and its workers' compensation insurance carrier. If you are not satisfied with the response, or have additional questions, then you should sit down with a workers' compensation attorney who will be able to better explain your options after receiving additional information.
Answered on May 14th, 2013 at 12:50 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
You have a second comp claim.
Answered on May 14th, 2013 at 12:50 PM
Your only option is to file a workers' compensation claim.
Answered on May 14th, 2013 at 12:50 PM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
You can file a workers compensation claim.
Answered on May 14th, 2013 at 12:49 PM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
Contact a good workers compensation lawyer, as your remedy is limited to making a workers compensation claim.
Answered on May 14th, 2013 at 12:49 PM
James Eugene Hasser
You have a comp claim whether you've been hurt once or twice. Your claim is subject to the worker's comp laws of the state you are in. The first thing you need to do is to get treated for your injury and reach maximum medical improvement (MMI) in your condition. In Alabama, once you reach MMI if you have a permanent set of physical restrictions that keep you from returning to work, you will be entitled to permanent disability benefits. Your medical benefits are open for life.
Answered on May 14th, 2013 at 12:48 PM
Workers Compensation Attorney serving Atlanta, GA
at
The Law Offices of Laura M. Lanzisera
Update Your Profile
First, make sure that you report each work accident to your supervisor. Then, contact a WC attorney asap. You need to select a doctor - don't just agree to the Employer's doctor. Your attorney can help you file a WC claim and make sure you are protected.
Answered on May 14th, 2013 at 12:47 PM
Civil Litigation Attorney serving Savannah, GA
at
Lueder, Larkin & Hunter, LLC
Update Your Profile
You need to consult with a Georgia attorney who specializes in workers' compensation law. The workers' compensation scheme is your only mechanism for compensation as Georgia law does not, in most cases, allow an employee to sue an employer for injuries sustained in the course and scope of the employee's employment (i.e., injuries sustained while performing the duties of one's job).
Answered on May 14th, 2013 at 12:46 PM