Threaded Mode | Linear Mode

Oh so new to this · 12-09-2009, 08:32 PM

I would love to hear comments from those of you that have been through what I am ABOUT to go through. I have carpal tunnel and cubital tunnel in my left wrist/elbow. I have attained an attorney already and she will be filing a claim for me. My lawyer says I will get a settlement. Does anyone have any idea about how much?

jayne · 12-09-2009, 08:44 PM

MMMMMMMMMM Well we need a few things like your state cuz rules and regs are different for each state......if your claim is accepted and the surgery is proformed and you are released back to work with no permanant disabilty...there may be no settlement..WC replaces part of your salary about 2/3s of it....and medical.... they do not pay for pain and suffering....if you come out of this not losing everything you ever worked for you will be one of the lucky ones....why on earth did you get a lawyer already? now any money you do get she will get a % of...you should never hire a lawyer till you see you need one...oh well the deed is done......you may get 2 or 3 thousand out of it but that is a guess as you havent had surgery or PT or a IME yet.....you are a long time from settlement..

Oh so new to this · 12-09-2009, 10:15 PM

I'm in California. Thank you for your reply. I'm so confused because it seems everyone I know personally is telling me different information. I finally found this site. I'm trying to educate myself and well as you can imagine it's difficult. I hired a lawyer because my boss told I COULD NOT file workers comp. See the situation is 4 years ago when I was new to the company, I had surgery for my right wrist carpal tunnel. I took a personal leave because I did not want to go the WC route. Now 4 years later my left wrist carpal tunnel has progressed severely and now I acquired cubital tunnel. My boss said that because I didn't claim WC the first time (4 years ago) that I can't do it now. Basically she said I'm out of luck. A friend in HR said she's wrong and that I can. But because my boss said I can't I figured I needed legal representation. I can still fire my lawyer, correct? I really don't care about the settlement per say, I just can't go on personal disability and be responsible for the medical bills this time. I can't afford it. And let's face it, IT IS A WORK RELATED INJURY so why should I pay for it personally? I just want my job protected. A co-worker in my company went out on a maternity leave and my company laid her off and didn't let her come back. They stated that our business didn't "support a need" for her to return. In this terrible economy with no jobs I'm really scared. Bottom line, my injury is due to work. Does any of this make sense?

jayne · 12-09-2009, 10:26 PM

yes it does and 1171 is an expert at calif WC and he will be on soon and try and answer your questions.....has it been to long I dont know it may be a reinjury.....in either case your job may be protected for 12 weeks FMLA after that they dont have to hire you back.....you dont need your bosses permission to file a case you should be able to do it thru HR if HR says you have a case have them file it.......stay calm no need to be terrified they cant eat ya.....your lawyer might have a different outlook and gonna try and go back the 4 years you need a sit down and find out just what she has in mind....

Oh so new to this · 12-09-2009, 10:32 PM

jayne Wrote:yes it does and 1171 is an expert at calif WC and he will be on soon and try and answer your questions.....has it been to long I dont know it may be a reinjury.....in either case your job may be protected for 12 weeks FMLA after that they dont have to hire you back.....you dont need your bosses permission to file a case you should be able to do it thru HR if HR says you have a case have them file it.......stay calm no need to be terrified they cant eat ya.....your lawyer might have a different outlook and gonna try and go back the 4 years you need a sit down and find out just what she has in mind....

Thank you! I really appreciate your feedback. Oh and just to clarify because after I re-read what I wrote, the friend I have in HR works for another company, not mine. I like your sense of humor. I laughed when you said they can't eat me and you are correct!

jayne · 12-09-2009, 10:35 PM

welcome to our home away from home bookmark us we will help you thru....try the"OFF TOPICS" section for a bit of fun

Oh so new to this · 12-09-2009, 10:38 PM

jayne Wrote:welcome to our home away from home bookmark us we will help you thru....try the"OFF TOPICS" section for a bit of fun

Thank you I will!

AQA · (This post was last modified: 12-09-2009 11:03 PM by AQA.)

Quote "See the situation is 4 years ago when I was new to the company, I had surgery for my right wrist carpal tunnel. I took a personal leave because I did not want to go the WC route. Now 4 years later my left wrist carpal tunnel has progressed severely and now I acquired cubital tunnel. My boss said that because I didn't claim WC the first time (4 years ago) that I can't do it now."

I believe your boss is WRONG and is trying to play a game.

Let me put it to you this way. I broke my left arm at work four years ago. I did not want to go the route of WC so I use my personal insurance. Two weeks ago I broke my right arm at work. Being that those are two seperate injuries, two seperate body parts. Heck yes, I am filing a WC claim and the boss can kiss my ---. My health will come before any job.

Now, will the company let you go???? That is another question. You may be covered for 12 weeks under the flma. I don't know.

jayne · 12-09-2009, 11:07 PM

maybe he gets a bonus if there are no time loss accidents or wc claims......otherwise why should he care....he isnt paying the premiums the company is....

Oh so new to this · 12-09-2009, 11:20 PM

jayne Wrote:maybe he gets a bonus if there are no time loss accidents or wc claims......otherwise why should he care....he isnt paying the premiums the company is....

That's a good point! In my case I think it's because we are a small company and my boss makes commission on gross profit of our branch. If we have any WC claims, any costs associated with the claim goes against our bottom line and she makes less money. That's the way it was explained to me. And to add insult to injury, I reported it in May 2009 and because she said I couldn't, I didn't and now 7 months later the pain is too unbearable. I don't think I can put it off any longer. So get this, yesterday I talked to her and said, I know you said I couldn't but I am really in a lot of pain and it's really difficult to make it through the day without pain meds. (At the very least, my Dr keeps me medicated). Anyhow, yesterday when I said "I know you said I couldn't but..." she denied telling me that. She said, "I didn't say you couldn't, you must have misunderstood me, or if I did then I certainly don't remember saying it". But my coworker remembers in May 2009 how upset I was when I came out of her office saying she told me I can't claim WC. This whole situation seems so out of the "norm" to me. I can't help thinking I'm going to end up with the short end of the stick.