QUESTION
Will my situation be considered as disability?
Asked on Jul 27th, 2013 on Personal Injury - Michigan
More details to this question:
A year ago on May 2012, I broke my foot at work. Comp took care of everything I needed back then; I never signed a settlement or anything like that. It required surgery and finally in February 2013 the Dr said it healed and all was well. Now since May of this year it has been giving me a lot of problems I can't even walk without a cast boot on my right foot. I was at urgent care tonight it swelled and got black and blue, the tele nurse said to get it checked in case it re broke. The Dr couldn't see a break but gave me the same speech to stay off of it as much as possible and keep wearing the boot. In September, I am going to see a specialist to possibly get foot reconstruction. My Dr told me to consider disability because I am a truck driver and can't do my job, I haven't been working since may. I have been a truck driver since I was 18 and now I am 40 years old, I have never done anything else. The Dr said I have cavovarus feet in combination with the screw in my foot is causing problems with a lot of pain. I'm just not sure where to go from here. Comp says this part of my foot problem isn't their problem since this is not work related and it was deemed healed back in February. Any advise is greatly appreciated.
8 ANSWERS
Motor Vehicle Accidents Attorney serving Van Nuys, CA
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Law Offices of Andrew C. Sigal
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You need to consult with an attorney who practices Workers Compensation law.
Answered on Sep 12th, 2013 at 3:32 PM
Don't believe what insurance company is telling you regarding the extent of your injuries. You need to go on disability either through the SDI (State Disability Insurance) or receive temporary disability benefits and you need a doctor to certify you for disability and your treating doctor may not do that. More importantly, you need to retain an experienced worker's compensation attorney who will fight for your rights.
Answered on Sep 12th, 2013 at 3:32 PM
James Eugene Hasser
I can't tell from your detail, but it sounds like you have not been back to the company Doctor. I would go back to him or her and if they say it's work related, then it is a comp claim. Also, ask your current Doctor if he or she thinks it's work related and get them to put it in writing.
Answered on Sep 12th, 2013 at 3:32 PM
You may still be able to seek benefits from the authorized treating physician so long as you go back to the same doctor and advise it will be covered by workers' compensation. This assumes you did not settle and close out the case. You're ahead of yourself. You need to describe if you settled and the terms of settlement rather than how badly you're hurt. You'll need a lawyer to review the case.
Answered on Sep 12th, 2013 at 3:31 PM
To get disability you must prove you can't work. It's not enough that you can't do your current job, you must have a permanent life function that causes the inability to work period. You need your doctors to say that your condition is so severe you just can't work any job. It's a tough stretch.
Answered on Sep 12th, 2013 at 3:31 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Knock on every door, pursue every avenue, just make sure you are letting each potential resource know what you are doing so that you don't get accused of "double-dipping". File an appeal with the comp board and apply for disability, both private disability if you have it, and also with your state and SSD.
Answered on Sep 12th, 2013 at 3:30 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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2 thoughts. If you did not sign any papers for the comp claim you may be able to reopen the case as a change of condition. Second, you ought to see a social security lawyer about disability. You have to be totally disabled. You may not be. You may not be able to drive a truck but you could sit and take tickets, for example.
Answered on Sep 12th, 2013 at 3:29 PM
Ronald A. Steinberg
Well, you could well be considered disabled at this time. There is a condition known as "non-union." That means that sometimes, whether or not there is surgery to repair a fractured bone, the bone does not heal or does not heal completely. If you are a smoker, that could contribute to the delay in healing. You need to have the condition treated properly, so that ultimately you can either return to work as a truck driver or doing something else. If the fracture occurred while you were on the job, then all of the treatment is to be paid by workers comp. if it occurred off work, but that it got re-injured while on the job, then it is workers comp. You probably need a comp lawyer.
Answered on Sep 12th, 2013 at 3:28 PM