Out for a Few Weeks

[Fred's Myth]

It may be smart to leave the case open for a while until it’s certain that no complications have occurred.

Are these payments a lot of money?

If you feel you are not 'made whole' then leave them open.
Settlements are 'confidential' but, based on the severity of the injury, in the thousands of dollars.
I am sure there are exceptions.
One coworker used theirs to vacation in St. Thomas. The experience made them 'whole' again.

 

[Swngdrvr]

Damages: pain and suffering and potential punitive damages. Also possible hippa violations, depending on what disclosure forms you signed.

In my state, workers comp doesn't pay pain and suffering. There is multiple options for a settlement, depending on whether you go back to work, end up with restrictions, or end up working somewhere else for less money. You get to choose which is most valuable to you.

The lawyer I talked to said anyone who has surgery is pretty much guaranteed a settlement, even if you go back to work with no restrictions. Otherwise, it's based on the disability percentage assigned to you by your doctor.

 

[Star B]

In some states you can also go for education expenses if you are under a certain age and have lasting issues.

 

[zubenelgenubi]

In my state, workers comp doesn't pay pain and suffering. There is multiple options for a settlement, depending on whether you go back to work, end up with restrictions, or end up working somewhere else for less money. You get to choose which is most valuable to you.

The lawyer I talked to said anyone who has surgery is pretty much guaranteed a settlement, even if you go back to work with no restrictions. Otherwise, it's based on the disability percentage assigned to you by your doctor.

So many people were talking about their situation, I was mostly referring to vantexan, I think. Whoever had their supervisor talk to their doctor and force them into work and work outside of their doctor's limitations. Still posting under the influence of Kraken at the moment.

 

[UpstateNYUPSer(Ret)]

MWG, before you start pricing new cars, you should prepare yourself for the fact that most broken wrists heal just fine with little to no lingering mobility issues. The chances of you receiving a financial settlement for a broken wrist are zero to none.

 

[floridays]

Damages: pain and suffering and potential punitive damages. Also possible hippa violations, depending on what disclosure forms you signed.

How do punitive damages enter the picture? I think you are misspeaking or just adding words to a post.

 

[UpstateNYUPSer(Ret)]

How do punitive damages enter the picture? I think you are misspeaking or just adding words to a post.

I think he was speaking in more general terms rather than limiting his answer to the slip and fall that the OP experienced.

 

[floridays]

I think he was speaking in more general terms rather than limiting his answer to the slip and fall that the OP experienced.

Doesn't matter, if there is a point where punitive damages could be considered we would be talking of more than a workmans comp case.

 

[UpstateNYUPSer(Ret)]

Doesn't matter, if there is a point where punitive damages could be considered we would be talking of more than a workmans comp case.

Using the scenario given by MWG, I would punitive damages would only come in to play if the property owner knowingly created an unsafe condition and failed to properly post clearly visible warning signs; even then, it would be a stretch to claim negligence to the point where punitive damages would be awarded.

 

[floridays]

Using the scenario given by MWG, I would punitive damages would only come in to play if the property owner knowingly created an unsafe condition and failed to properly post clearly visible warning signs; even then, it would be a stretch to claim negligence to the point where punitive damages would be awarded.

A workers comp claim is against the employer, a separate claim may be attempted on a third party (another defendant) if exposed by the commission of a wrongful act or a failure to respond (omission) to a noted hazard, or one that might be deemed knowable. The sole purpose of punitive damages is to punish, workers comp is to make the plaintiff whole.

 

[burrheadd]

MWG, before you start pricing new cars, you should prepare yourself for the fact that most broken wrists heal just fine with little to no lingering mobility issues. The chances of you receiving a financial settlement for a broken wrist are zero to none.

Wrong!!

 

[zubenelgenubi]

How do punitive damages enter the picture? I think you are misspeaking or just adding words to a post.

Sorry, I forgot to quote the posts I was referring to in the original post. Read post 84. I was mostly referring to vantexan's situation. But it could apply to anyone who is forced to work outside of their worker's comp limitations. Listing it as a possibility not an absolute. A judge could award punitive damages due to the manager's clearly illegal actions in vantexan's situation. Not saying a lawyer would take the case, not saying the case would be won, just generally answered the question about what the damages would/could be if such a case were to end up in court.

 

[59 Dano]

Made to feel my job was on the line? 2 days after severe dislocation with potential for serious nerve damage(according to doctor)she called me at home and said she spoke to doctor and he said ok to come in and work if careful then put me at serious risk insisting I move all those boxes? Told me to do it myself, don't bother CSA's. Reckless disregard. If I had done what she ordered me to do I would have hurt myself. That she sent me home for 3 weeks after what lawyer said should tell you what jeopardy she realized she was in. And I would've sued company if I got hurt as she was their representative.

Managers are responsible for safety. Was unloading a small can, the kind you hunch over in, in Texas. As I handed the last box out our manager yanked on the strap from behind the can without asking if it was clear. Sent me flying and really torqued my lower back and was about 6 inches from slamming into the end of power belt. I flat out yelled at him. What if I had messed up a knee or slammed my face into the belt? As the manager he was the one held responsible for a safe workplace. No, wouldn't have sued for what if, but as in the above situation I would've sued for actual injury. And I think a doctor telling jury he told her absolutely no lifting would've won the case.

A car crosses the center line on the highway and nearly hits me head-on. Could easily kill me. That's a much bigger deal than your almost-injuries. How much I could get if I sued? About $4 to cover the cost of replacing the pair of drawers that I crapped in.

 

[Star B]

A car crosses the center line on the highway and nearly hits me head-on. Could easily kill me. That's a much bigger deal than your almost-injuries. How much I could get if I sued? About $4 to cover the cost of replacing the pair of drawers that I crapped in.

Oh no, that I can tell you isn't true. I can't get into too much detail but what I can tell you is that I got involved in a work accident regarding cars at my previous employer and I walked away with a fair amount of cash. I would have gotten more but because workers comp was involved, they also were part of the split.

 

[59 Dano]

I would expect local companies like John Deere the arsenal and a few others to make some immediate rumblings, yes. But then again, nobody believes in working for those companies anymore because it's all short term employment. Hired one year, laid off three years later and nobody knows if they'll be called back again. And those are the freaking union jobs! Happens all the time.

Location, location, location. Those types of companies aren't doing so well here, either. There's a GM plant not far from here and people are dying to get hired there, but it's not what it once was. The work there is mind-numbingly mundane. The compensation is good, but geez, what a terrible way to spend your work day.

There are more and more manufacturing jobs in this area every year and the pay is getting more competitive. If you have a year of factory experience there are plenty of places that will hire you for $20/hour to start.

 

[vantexan]

A car crosses the center line on the highway and nearly hits me head-on. Could easily kill me. That's a much bigger deal than your almost-injuries. How much I could get if I sued? About $4 to cover the cost of replacing the pair of drawers that I crapped in.

My point all along was that if she required me to handle a ton of freight after breaking the law contacting my doctor and not following his orders, and I got hurt doing it, which was about a 100% certainty I would have as my arm was pretty messed up, then I'm liking my chances of winning a lawsuit over it. Not talking about maybe injured, but actually injured.

 

[MassWineGuy]

MWG, before you start pricing new cars, you should prepare yourself for the fact that most broken wrists heal just fine with little to no lingering mobility issues. The chances of you receiving a financial settlement for a broken wrist are zero to none.

No problem. I would rather be out working and earning my money.

Not sure about easy wrist healings. Everything I read says some pain and mobility issues linger for awhile.

 

[overflowed]

No problem. I would rather be out working and earning my money.

Not sure about easy wrist healings. Everything I read says some pain and mobility issues linger for awhile.

I went out on a strained knee about 7 years ago. Supposedly should've healed in a few months. I was out for almost 6 months. Fedex will pressure you to come back early. Don't let them if you don't feel right yet. I actually had some lady call me and tell me "not to milk it". I came back before I was 100% and ended going back out in a few weeks.

 

[OrioN]

Even the police wasn't expecting the unexpected? Where's his ice cleats???

Yikes, hoping for a proper recovery

Now where's my ice cleats as promised from LAST peaks surplus that went to Florida of all places???

 

[MassWineGuy]

I went out on a strained knee about 7 years ago. Supposedly should've healed in a few months. I was out for almost 6 months. Fedex will pressure you to come back early. Don't let them if you don't feel right yet. I actually had some lady call me and tell me "not to milk it". I came back before I was 100% and ended going back out in a few weeks.

Unless they’ve got M.D. after their name, only my doctor has the final say.