QUESTION
What can I do if I had a broken humerous and tear in shoulder from falling off at work?
Asked on Nov 12th, 2013 on Personal Injury - Michigan
More details to this question:
In August of this year (2013), I fell at work and was diagnosed with a fracture of the greater tuberosity bone. (upper arm). I took 5 weeks off without pay from my job. Started physical therapy 2nd week of injury. It has been 12 weeks and my arm and shoulder still hurt. MRI was taken of shoulder and found a tear. I am 60 years old and have been employed for 20 years at my job. Go to Ortho in 1 week. Will I heal as fast as a young person?
13 ANSWERS
You need to file a claim for worker's compensation benefits that cover temporary disability benefits, ongoing medical treatment and a settlement for permanent disability and future medical care.
Answered on Nov 19th, 2013 at 3:44 AM
Business Litigation Attorney serving Columbus, OH
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E. Ray Critchett, LLC
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Unfortunately, you will probably not heal as fast as a younger version of you but your doctor should be able to address that issue. If you are having difficulty with getting paid or with getting the treatment you need, you may need to consult with a workers compensation attorney.
Answered on Nov 14th, 2013 at 4:08 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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If you were injured on the job in Washington state, then your employer is supposed to be covering you with workman's compensation insurance that will pay for your lost earnings, your medical expenses, and any disability that you sustain.Additionally they can not fire you for demanding that you be covered with the mandated insurance coverage.
Answered on Nov 14th, 2013 at 6:38 AM
Edwin K. Niles
You appear to have a valid workers comp claim. See a lawyer who specializes in W.C.
Answered on Nov 13th, 2013 at 8:14 PM
Lisa Hurtado McDonnell
Report the injury to your company's workman compensation carrier. Not usually, older you are the longer it takes to recover.
Answered on Nov 13th, 2013 at 8:14 PM
I'm not sure of why you haven't filed for workers' compensation benefits. You can file. If you're unsure of what to do hire an attorney to walk you though it by paying the lawyer based on a contingent fee. To answer you last question, no you will probably not heal as fast as a younger person and you'll probably have a greater degree of industrial disability. The value of your case should be worth more than a younger worker, which is another reason to hire a lawyer.
Answered on Nov 13th, 2013 at 8:13 PM
Ronald A. Steinberg
You have a workers compensation case. The company's insurance should pay for your medical care, and should pay you weekly wages while you are unable to work. Get a lawyer so that you do not get screwed over by them.
Answered on Nov 13th, 2013 at 8:13 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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You are entitled to workers compensation benefits for on the job injuries. Such benefits are primarily a % of your lost gross wage during your period of disability and medical testing/treatment expenses. Discuss your medical prognosis with your doctor.
Answered on Nov 13th, 2013 at 8:13 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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No you wont heal fast. This is a worker comp claim and you should be paid for all but the first week. If a claim has not been filed, make sure to do so. Hire you a good comp lawyer.
Answered on Nov 13th, 2013 at 8:12 PM
James Eugene Hasser
I am not a doctor and cannot tell you how fast you will heal. Ask your doctor. Your exclusive remedy against your employer for an on the job injury is for compensation benefits. Once you reach maximum medical improvement in your condition, if you have a permanent set of physical restrictions that keep you from going back to work, you will be entitled to permanent disability benefits. Your medical benefits related to your injury are open for life. Good luck.
Answered on Nov 13th, 2013 at 8:12 PM
Estate Planning Attorney serving Seattle, WA
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Law Offices of Scott K. Wilson
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If you haven't applied for Workers Compensation benefits you should do so - it doesn't matter who fault the fall was.
Answered on Nov 13th, 2013 at 8:11 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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First and foremost, you are entitled to worker's comp. Comp pays your medical bills and (66%) of your loss of income, so you are entitled to recover that, but for goodness sake, get that paperwork done and in! As for your last question, that's a medical question, not a legal question, but I think the answer is an obvious "no". I am close to you in age, and I think you already know that you can't do most of the things you used to do as fast as you did when you were a young person. Finally, if this was a construction accident and you were in the State of NY, you should make an appointment to see a personal injury lawyer right away.
Answered on Nov 13th, 2013 at 8:11 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have a worker's comp claim. See an attorney.
Answered on Nov 13th, 2013 at 8:09 PM