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confused on everything workmans comp.
03-26-2011, 09:42 AM
Post: #1
confused on everything workmans comp.
I was ran over at work in august of 2010 by a pull behind chipper weighing roughly 10000 lbs this was hooked to the truck its similar to a trailer.my attorney at one tim was filing a personal injury claim as well as a workers comp claim now he tells me he can't file a personal injury cause there wasn't a third party. The guy that drove the truck was an illeagal as well as the guy directing the driver of the truck.I suffered a broken tibula a fractured talus and a broken ankle all was put back together with plates and screws. Im so confused now as to what claims or ssettlements I can get I have had other attornies say there is other sYs to vet other settlements instead of just the one.this injury has screwed my life up I have used all my savings up to survive as well as sell my motorcycle and an antique tractor out of my collection I will never be able to squire these things again as I can't return to my field of work and make decent money my whole life is on hold.I want a settlement that I can replace my stuff and fix my house like I wanted before I got hurt what do I do.
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03-26-2011, 10:53 AM (This post was last modified: 03-26-2011 10:53 AM by 1171.)
Post: #2
RE: confused on everything workmans comp.
not going to happen with a work injury.
your atty is correct; workers compensation insurance is the exclusive remedy for a work injury.
some states allow additional benefits if there has been a documented safety violation.
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03-26-2011, 11:35 AM
Post: #3
RE: confused on everything workmans comp.
1171 is right you are screwed....shame isnt it.....

;)Workmans comp is not a road you want to travel alone.You need a good lawyer,a great family and good friends to lean on.If you make it thru without losing everything you have worked for all your life,you have come out ahead of the game.....Smile
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03-26-2011, 12:43 PM
Post: #4
RE: confused on everything workmans comp.
(03-26-2011 11:35 AM)jayne Wrote:  1171 is right you are screwed....shame isnt it.....

Well that sucks can't I prove neglegence on the employers part due to the fact the guy operating the vehicle was illegal as well as not having a valid drivers licencse my lawyer says this doesn't really matter unless I just want to get my employer into Trouble but I don't really care about them cause they don't care about me they left me to lose everything. The day I got hurt they said they would compensate me for loss wages since I was on sallary never saw a dime I called them for help and they told me they couldn't bunch of aholes
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03-26-2011, 03:23 PM
Post: #5
RE: confused on everything workmans comp.
yes you can call OSHA and turn them in and they might get a fine but OSHA gets the fine money not you.....any fine they get for hiring the illegals would go to the state not you.....the sooner you understand and accept this the sooner you can work on getting well...the laws arent written for the worker they are written for the work place.....95 to 99% of WC runs smoothly so for the most part they are good rules some of us get the shaft....

;)Workmans comp is not a road you want to travel alone.You need a good lawyer,a great family and good friends to lean on.If you make it thru without losing everything you have worked for all your life,you have come out ahead of the game.....Smile
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03-26-2011, 03:25 PM
Post: #6
RE: confused on everything workmans comp.
All that would do is cause trouble for your employer and there will be no benefit for you from doing it. Like the rest of us here just except it and go on with life.

Cervical Fusion 2003, c5-c6. Herniated and damaged Disc L1- L4-L5 S1. Lumbar Spinal Cord stimulator implant 09-2008. Cervical ACDF revision with hardware c4-c5-c6-c7 Sept 2009.
SSDI approved 3-2010. NOW OFFICIALY RETIRED
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03-26-2011, 06:29 PM
Post: #7
RE: confused on everything workmans comp.
(03-26-2011 03:25 PM)Cervical_Fusion Wrote:  All that would do is cause trouble for your employer and there will be no benefit for you from doing it. Like the rest of us here just except it and go on with life.

Well thanks for the info I guess its like everything else in this world its all geared towards screwin the workin man oh well life goes on.
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03-26-2011, 09:45 PM
Post: #8
RE: confused on everything workmans comp.
My injury was because of an unsafe work area that had been reported 2 weeks before I got hurt. Two safety supervisors came out during those 2 weeks and agreed that it was a safety hazard but nothing got done until after I got hurt. Made me mad because I'm never going to return to work again but there is nothing anybody can do about it. It sucks but you will need to try and get past it and do what you can to get better
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03-26-2011, 10:01 PM
Post: #9
RE: confused on everything workmans comp.
(03-26-2011 09:45 PM)Manley2 Wrote:  My injury was because of an unsafe work area that had been reported 2 weeks before I got hurt. Two safety supervisors came out during those 2 weeks and agreed that it was a safety hazard but nothing got done until after I got hurt. Made me mad because I'm never going to return to work again but there is nothing anybody can do about it. It sucks but you will need to try and get past it and do what you can to get better

Yeah my lawyer put in a request for vocational rehabilitation so im going to try and get a cdl to drive comercial vehicles.I have a job opportunity with the road department but have to have a cdl to drive so im hoping to go to school to get it. Im tired of working with illeagals that can't speak english it makes for.an unsafe workplace I have done it for 18 yeasts time to Make a career switch.
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03-26-2011, 11:22 PM
Post: #10
RE: confused on everything workmans comp.
Good move on your part..... Many dont have that second chance after a injury. It is a shame that work injuries effect mainly the worker.. I had not noticed, did you suffer any impairment du to your injury..?
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