Hello There, Guest! Login Register
Index    |     Search    |     Members    |     Help
Poll: Do I take it
This poll is closed.
Yes
0%
0 0%
No
100.00%
1 100.00%
Total 1 vote(s) 100%
* You voted for this item. [Show Results]


Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Should I take a settlement
#1
I have no insurance so medical would be paid by me if I took the settlement. I have been out since the 9th sept so considering recovery time so insurance company would be on the hook for about 6 months back wages.+ medical. About 13K. They are offering $3000 after fees I would get 2370 tax free. Kinda sucks but attry is pushing me HARD to take it. He says since my doc on put down that work aggravated it and wont write a causality letter that I would certianly lose in court. But if that is true why would insurance offer anything at all. Lawyer has been pretty lazy about the case. This is the first ive heard from him since he took the case in early november. And the hearing is monday.
I live in Maryland.

Facts of case
I work in a warehouse lifting, unloading unboxing and reloading
office furniture. After a increase in overtime hours and a change in duties (from mostly unboxing and prepping to mostly loading trucks) in early august I began to have abdominal pain later in the day at work that would resolve with rest after work. Pain came sooner and sooner in the day and eventually was a all day thing and I told the secretary at the office (the boss wasnt there) I had to take a week off (22 of august) message was delivered and he gave me off. I didnt know what the pain was at this point, it just felt like very sore muscles. At the end of that week, while I was considerably better, I still had pain. Since the pain was set off by lifting and bending at work, I was concerned about a hernia but I could not feel or see anything. So I went to patient first the day before I was scheduled to return to work. They checked me out for a hernia (a PA and a MD examined me) and said I didnt have one. When pressed about what was wrong the PA said I just had a abdominal strain. Returned to work the next day on the 30th of august. Pain returned again gradually occoring earlier in the day and after returning home septemeber 8th after a particularly bad day pain wise, I observed a hernia in the shower. I told my boss the next day in person I told him the pain came on gradually and that I thought I was the hours and the workload that did it. He did not file any forms and just asked if I had insurance. When I said no he replied well you better get some help with that. Following the advice of a friend I got the hernia diagnosed on the 20thsept (that was as soon as I could..I had to wait for a dr. appointment) and filed for workers comp online on the 26thsept. Insurance company is contesting. The consideration date was the 1st nov.

My questions:
Is this a compensable hernia? I hope I did everything right here.
My doctor said he put down in the notes that the lifting aggravated
it. I mean no specific thing caused it but I have no doubt that It was the hours and the constant on feet all day and lifting.

 
Reply
#2
aggravations are considered injuries.
comp is responsible for repairing the damage from the aggravation.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
  


Forum Jump:


Browsing: 1 Guest(s)