Workers' Compensation Discussion Forums

Hi everyone
Here is my long story: back in April 08 i was returning from lunch and was walking up the walkway from the parking lot at work and fell. Another employee had hired a mobile detailer to clean her car and this guy had his dog tied to the railing at the ramp entrance. I was going up the ramp and the dog got up and wrapped his lease around my legs and I fell. I hurt my ankle, shoulder and skinned my knee. My ankle was really painful and I went to a emergent care facility and the doctor said it was a bad sprain and put me in an air-cast. About 2 weeks (still in pain) I went back and the doctor said that now he thinks I tore ligaments and told me to continue wearing the air cast and put me on crutches. After another week of pain, I went back and they referred me to a orthopedic doctor. Went to orthopedic had MRI and found out I had been walking on a torn tendon. I had to have surgery, spent 6 weeks in 3 different casts. Had to be in a wheel chair, on a walker and crutches. I also ended up injuring my shoulder using the walker and crutches and needed a cortizone shot for pain and swelling. I went back to work two weeks later in a wheel chair with my leg in a cast. Subsequently, I ended up with horrible nerve pain and 4 months later had to have a second surgery to release the nerve from tendon scarring. My boss has been difficult about me being out of work, but the doctor is not allowing me to return for at least 6 weeks this time. (last time it was suppose to be 4 weeks, but I returned in 2 against my doctor's orders). My ortho said my injury will take at least at a 6 to 9 month recovery. This has been a nightmare. I have received 2 wc checks and I am worried about losing my job. I am considering getting a lawyer. I also found out that wc is going after the guy with the dog. What should I do?

Thanks for reading this whole thing. I would appreciate any and all advise and feedback. I am getting around with a walker and am still in a cast. Blessings, Ankle Girl in NC

you have alot of different things going on,(are you ready 1171) Get a lawyer and get this mess fixed....I really dont know who is at fault here you,the dog or WC.....I would think the guy with the dog......but then again you were at work and WC is no fault....A lawyer is needed to find out just who is at fault....

Get a lawyer. 1st claim would be against your employer. 2nd claim would be against the landlord of the building. 3rd claim would be against the insurer of the mobile detailer. You'll need an attorney to figure which claim is the strongest.

Workers Comp is a "no fault" system. Meaning, neither you nor your employer are at fault. You have third party involvement.

Third party subrogation actions vary from State to State..

The general rule is that a worker’s compensation carrier is to be reimbursed out of any third party recovery, for the amount of benefits it has paid.

From your post, it sounds like your WC insurance carrier will go after the "man" for what they have paid on your claim, past and future. In some states, they can do this without the IW's involvement. I don't know your State's statutes. You can call a WC attorney to discuss your case, without retaining one. You can also read and learn the WC laws of your State, which are posted on this website. Just go to the top of this page, and from the pulldown menu "state info" you can search for answers to all your questions.

If you haven't already, DON'T give your statement without representation. Statements are not taken under oath, and are used against you. By now though, it's probably too late, so don't fret. Just make sure you have a copy in case you end up needing an attorney later.

Ankle injuries are the pits. It's almost impossible to tell without an MRI if there is a tear or rupture; and surgery is often delayed pending conservative treatments. I went through several months of P/T before my MRI, only to discover I had a ruptured tendon; then surgery. That was 5 months ago, and finally, my foot is starting to show progress. I went back to work after 2 weeks on crutches and a walking boot; stayed in the boot for another 14 weeks. Still in P/T but now I'm down from 3 times per week, to only once a week. Yes, it does take up to a year for a tendon surgery to heal; but that doesn't mean you can't work; at least some kind of light duty depending on what your job is. I shouldn't assume because I have a desk job that a RTW is as easy for others.

I wish you the best in your recovery, and in your claim.

NC Subrogation Statute is 97-10.2. Basically the IW has the exclusive right to sue the first year. (the carrier still can recover what is owed them from your settlement. They just can't sue on their own)

After that, if you do not initiate suit, the Carrier can sue the 3rd party.

In this case, I would recommend speaking with an attorney as you will need help with the third party case.

Thank you to everyone who responded to my post. I have contacted a lawyer and will be meeting with him on Friday.
Blessings, Jan

best of luck and dont give up this will be a long battle as you have seen by many on here.if you give in they win and you lose,get thats urs for you and ur health your health is most important.