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  1. #1

    Sweaty Dick Punching Enthusiast

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    BG Legal - Worker's Compensation

    Hey everyone. I'd like some honest opinions and legal advice about whether or not I should use a lawyer to help with my worker's compensation case.

    Full disclosure, I know nothing of the legal aspects of these or practically any legal measures. Right now, I'm following the recommendations the insurance company is telling me like go to every appointment, don't miss any of their phone calls, go to PT, etc. My impression of this is I'm suing my employer and i could lose my job for this.

    I injured my knee and liagments back in February 2019, been seeing an orthopedic surgeon and currently doing 3x a week PT with a current schedule return to work of June 3. There was a small fracture but the OS said it's too negligible for surgery and the tendons are sprained. I had a, in my opinion, ridiculous amount of fluid in my knee from the accident in which it had to be drained on 3 separate occasions. I'm sure I butchered this explanation but if you're curious I can go in depth more.

    My knee isnt at full strength and I'd personally estimate 60% ability that i had before. It's a bit depressing but I have Talkspace for that. I can walk but definitely not run. I struggle with stairs a bit and sitting/standing for a while does cause some uncomfortableness.

    I like my job and the people I work for. It's tough with long hours and physically taxing but I do enjoy it and the people. My employer has been very accommodating to me during this time. They helped me start the process and check in regularly to make sure I'm okay and if I'm being paid.

    As far as I know, Ive been paid correctly according to the laws of NY but also been by family I could be getting more for not been able to be back to 100% again. My question would be what are the pros/cons of going with a lawyer, is it worth it, are there things I'm missing that coukd benefit me or hurt me later on, etc.

    Sorry in advance for the jumbled thoughts here and thanks for and advice or help anyone can provide.

    Lol, I'm literally in therapy now typing this out on the phone inbetween exercises.

    Thanks, peace

    Sent from my SM-G965U using Tapatalk

  2. #2
    Member since 2006 and still can't think of a title.
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    Oh boy, I could probably write a novella based on Astylla's hell that she went through with her workers compensation. We eventually had to get a lawyer for hers. When she opened her case, she was dealing with carpal tunnel in her right wrist. Doctor put her in a brace and she was compensating with her left wrist and obviously that pushed that wrist over the edge. Got the first surgery done, and when it was time to do her left wrist, they reversed course and decided to decline it, had to get a lawyer, which meant depositions, re-evaluations before approving the surgery and therapy for her other wrist, so what should have meant only 6-9 months of being out on medical, turned into 3, and when she went back, insurance demanded such restrictions from her for her job that she was cock blocked from any advancement.

    That said, if things are going smoothly, your doctor isn't having any issues getting anything approved, you can probably dodge a lawyer. When I blew out my left shoulder at work, I got lucky and things went smoothly. I probably left a bit on the table, but not enough to offset what a lawyer would charge (which in california was 15%).

    If your doctor is getting push back from getting anything approved (therapy, medication, etc) and it's affecting your ability to come back to work, then yes, get a lawyer. Let your doctor know as well. It probably will drag things out, but it will be worth it in the long run. When it was time for Astylla to leave her employer for a new job, and we cashed out the medical, he was also able to negotiate a slightly higher disability rate then what we would have gotten without a lawyer.

  3. #3

    Sweaty Dick Punching Enthusiast

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    As far as I know, the OS hasn't had any issues getting anything approved and if they did I sure didn't know about it. I was curious about whether the hassle would outweigh the "payout" and all but aside it being a YMMV situation, doesn't seem worth it of things are going cool.

    My current concern is if I cant continue to perform my job duties and my job decides to cut me loose, then wouldn't it be too late at that point to bring a lawyer in for this case?

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  4. #4
    Member since 2006 and still can't think of a title.
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    Quote Originally Posted by DrClout View Post
    As far as I know, the OS hasn't had any issues getting anything approved and if they did I sure didn't know about it. I was curious about whether the hassle would outweigh the "payout" and all but aside it being a YMMV situation, doesn't seem worth it of things are going cool.

    My current concern is if I cant continue to perform my job duties and my job decides to cut me loose, then wouldn't it be too late at that point to bring a lawyer in for this case?

    Sent from my SM-G965U using Tapatalk
    If your employer cuts you loose, I believe (at least in california) they have to assist with job placement, including potential job re-educational classes so you can change career's. If anything, it may not hurt to set up a free consultation. You don't have to agree to representation, but they can pretty much let you know what you stand to gain/lose over various scenarios, and pay just comes out of payouts you receive from the workers compensation insurance company.

  5. #5

    Don't know any legal stuff, but having had a bad knee injury myself, you're still in the early stages of recovery. So don't feel too bad about being at 60% still. Though, I would push back if they do expect you get back to work too soon and your job can't make efforts to compensate for your continued recovery like just doing desk duty or whatever if possible. I probably pushed stuff too soon because of the whole "suck it up" culture, and as a result, I'm probably stuck at about 85-90%, myself, with any abnormal pain(s) being panic inducing because I really don't want it to regress.

  6. #6
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    Get a lawyer and a new job. I've never seen upper management maintain favor with an employee who claimed worksmans comp. They are forever passed over for promotion, and given increasingly shittier tasks until they quit.

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  7. #7
    Ironing this Thread
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    I was injured at my old job way back, hip injury, OCC health sent me to PT cause the initial x-ray was negative and I ended up back at work two months later, in pain.

    After over a year in pain my mother who happened to work at an imaging center got me in for an MRI of my hip, or CT whatever it was. Giant fucking needle with a gallon of fluid into my hip cavity, fucking awful. Turned out I had a torn labrum the entire time and scar tissue. Got a lawyer. Got surgery. Feel way better now.

    Fuck your employer, fuck the settlement, I was 40-60% for over a year because of money pinching employer and occupational health. Loss of range of motion and pain, couldn't run anymore, gained weight. Getting back to 80% or better is what's important, get a lawyer get it fixed and take care of yourself.

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