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have I covered all bases?
10-30-2007, 12:30 PM
Post: #2
RE: have I covered all bases?
Beth

Looks like you got all bases covered.

As for firing you on your one year anniversary of the injury - some states only hold your job open for a year. Now if they hold jobs open for others longer than that - you may have a basis for that under the eeoc.

Work comp is a slow process and yes it is a frustrating one as well. I understand what you are saying about wanting to keep your mobility going and especially since after this revision you are worse off than after the others because the doctor that read the x-ray didn't read the x-ray correctly. But like you said - that doctor is a different story.

Also from the past you have learned that with a joint replacement it can take up to a year for full function to come back in the hip - but with the added nerve damage it may not come back.

As far as settling at this point - remember - you will need meds or treatment for the nerve damage and they are wanting out of that. Not sure how SSDI will work with that since they will also want a set aside amount and I think badboy would say that you want them to pay that and not to have it come out of your settlement at all.

You can always take your chances in court to keep medical open or tell your attorney that there is no way of settling the claim with closing the medical side of the claim at all. This will force it to go to court for the hearing. They will have a doctor rate you and then you will also want to get rated for your own side. Since I don't know what state your in - then I can't answer about whether the previous hip replacement and the disability caused by them would play any role in the final calculations. Your attorney should be able to answer that question, especially in light of the fact that you were doing the job without accommodation's.
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have I covered all bases? - beth_qirn - 10-30-2007, 12:18 PM

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