Workers' Compensation Discussion Forums

Montana is state of residence and place of accident.

My husband is a percussion driller hard rock miner. March 3, 2009 a 400 lb boulder rolled onto his foot crushing it so bad the bottom blew out and fracturing his toes. fractured so bad eventually causing part of his little toe to fall off. They have paid for all the medical for this. Unfortunately a couple weeks after this accident he was laid off. Not because he was injured. Everyone was laid off by this Clark construction company due to the economy. He has NEVER received any compensation. Unable to live on uneployment he had no other alternative but to go back to work for another company 4 months later in Alaska. It was at this time part of his little toe fell off!!! While he was working!!

On his last days off when he returned home. (August 15, 2009) He went to the doctor that he had been seeing for this incident for a final evaluation. He said the nerve damage, balance and the pain may or may not return or go away. Toe loss, Nerve damage, toes still fractured. And a workers compensation claims has been filed. As of this date September 9, 2009 we still have NOT recieved any correspondance from Workers Comp. Or Clark construction. Is this unusual? If not when can he expect things to start rolling? Is it time to get an attorney? He is now in Nevada working. And I have (legal) power of attorney to work on his behalf.

He is a very hard worker and at age 52 has never filed a claim before and he has had many opportunities to do so. He is still unable to were a shoe and still has to were his slippers. While working he wears a 11 boot on bad foot and a 9 on the other. He still wakes up in the middle of the night with pain shooting up his leg from his foot. If workers comp does want to settle this claim. Can anyone tell me an acceptable amount? Or once again is it advisable to get an attorney?

Tammy

Have you tried contacting the carrier? or the employer?
to find out the status...

here is general information on the Montana work comp system
http://erd.dli.mt.gov/wcclaims/wccdocs/b...t09-10.pdf

you can also contact the claims resolution unit for specific information
Workers' Compensation Claims Bureau at (406) 444-6543

http://erd.dli.mt.gov/wcclaims/wcchome.asp

after speaking to the state work comp bureau you can decide at that time whether litigation is the best alternative.

I too am from Montana, WC is broken here. I was hurt in 2006 and they have done everything they can to make a mess out of my claim. If I were you I would get an attorney. you can call the claims resolution unit and they will try to answer your questions, but will refer you back to your adjuster. You did not say what city or town you live in, my attorney has being doing his job so far. Just hired 3 months ago, wc was making me crazy, he is out of missoula but works all over the state. If you would like his name it think we have to do it off the board. Let me know

From experience of not having a lawyer involved in my case I would suggest that your husband has legal representation for his. It is something I wish I would of done from the beginning of mine and regret not doing so. He has a loss of a body part and also may have many years of problems with nerve damage etc. I just feel it is the BEST thing you could do right now.

WC is a long, depressing road and truely feel it is best that you have someone that deals with WC injuries and can help you and your husband get the treatments, monies he deserves for his loss. You never know what will happen with his future of nerve damage or any other complications he may have from this injury. I wish you both the best and after being in the system and seeing first hand how it works I really think you need to have someone for legal representation on your side for any tricks that WC decides to play. At least a WC lawyer will know what your husband truely deserves. If I had to do it all again a WC lawyer would be the FIRST thing I would do after the experience I had with my case.

If you decide to get an attorney (I would) please look around and talk to a few before you decided on one. I jumped in and just hired the first one to call me back and it was a nightmare. I am now on my 2nd attorney and I can see the difference between the two I am just very lucky that my 2nd attorney accepted my case.

One bad thing is that he did go back so soon. By going back to work quickly he doesn't have as much ground to stand on as far as settlement. The impairment will be the same no matter what but settlement won't. I understand where he is coming from. No one can live without money coming in. I hope he doesn't have permanent nerve damage.

Hire an attorney to not ever try to fight wc with legal representatio
They will have there gurus fighting you... Be prepared.
Do not hire the first attorney you come across... shop around talk to neighbors, friends.. family..get your self the best around.. and please do not use TV and back page phone book attorneys....
Do your homework and research with any dr or attorney you choose in life...

Yes! it's attorney time! Make sure you get a certified WC lawyer...and use word of mouth from friends, other IW's who may know a good one to use or reccommend. Cervical Fusion is correct...You need a good lawyer! Once you hire an attorney...you will no longer be able to talk to the IC....everything must go through him.

You husband has some serious injuries on appendages that needed to last him a life time! Loss of toes alone is a certain percent of disability...as it effects one's balance greatly. Unfortunately, there is no comp for pain and suffering...but he may also need a lifetime of nerve medication, which is extremely expensive.

Lilly