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seeking opinions
#1
tues nov 1 2016 i wake up to goto work like normal at 7 am at the shop marks house after a week or 2 lay off
so we load his truck with his tools, we grabbed the form borads to load in dump truck also hooked the trailer up to dump truck while
waiting for the other employee chris who drove the dump to job sites he got there 7;45 or 8 ish am.
now everyone is driving their cars and trucks to jobsite on 113th arbor street we all get there about 8;30 to 9 am
we unload marks truck and the dump truck in front of home owners house of the tools and lumber. chris takes the trailer
to the corner so we can unload bobcat and heavy equitment and drop the trailer. time is most likely 9;30 by this time chris is in the bobcat getting it started and driving towards the driveway once we got the jack hammer attachment on it chris then started to do the normal tearout me and him did without mark there, but mark was there this day and didnt like the way chris was carefully driving and carefully doing the tear out at slow pace "in my opinion the safe way" so mark yelled at him and took the controls from chris, its alittle passed 10;15 am chris is now working a stair section forming it and mark is rushing around fast paced in his bobcat tearing the drive way out im helping set forms getting tools tossing concrete in bucket when needed. mark was having trouble scooping once huge piece of concrte so he told me to grab a 5 foot metal
bar with a prying edge on it, mark then said to place metal bar in ground to attempt to help give him leverage while scooping the
piece so i did i placed bar into the ground and it sunked into the mud about 6 inchs to 12 inches im not for sure how deep it sunked in but it was no deeper then one foot, i then started pressing forward towards the bobcat as directed by mark he then pressed his controls forward sending the concrete piece up the 5 foot metal bar ripping the bar from my right hand and the top of the bar was in my left hands palm and the back of my hand against a garge door in a instant in a matter of seconds i was yelling at mark in pain and telling him to back off coming forward as i was also trying to pull all the weight off of my left hand with my right hand all in the matter of 2 minutes of time.
the time is around 10;30 to 10;45 am all of us was panicing at this time and until i was released mark killed the bobcat
and came to look at injury and then left jobsite about 10 minutes later chris was back in charge of site seeing me struggle clitching
grasping pieces of concrete and telling me i should call mark so i texted marked asking what i can do and he responded "what do you want me to do about it" so i said im going to get it check atthe er because chris told me to be safer than sorry so i went to the er around 12Pm and i stated how my injurys happened and intake and in room..after xrays on only my left. i got a call from mark asking what did i tell them doctors and if im covering it or who is covering the trip i said i guess the hospital. i was off rest of day. the following day came back same conditions my right wrist was hurting but not as bad it was swollen but i completed 3 days of work before laid off again and also paid in cash. my right wrist balloned up and went limp and lost motion less then 30 days after said injury i never seeked treatment as it went back normal in a few days it then went limp as i tried to go back to work on 3-1-17 i expeirenced shooting pains and and swollen wrist again and my left hand locks while using it to tie bags shoes picking things up just like my right at this point pain is at base of fingers i feel pressure at times and cant not make a fist or close my left hand i stated all my pain of my hands to the doctors
11-1-16 i was injured, mark did it and mark the owner was informed. as he seen it
11-5-16 laid off paid in cash first time ever since employed saying works going to be slow
11-21-16 contact lawyer to seek advice
11-27-16 filed unemployment im not sure if i mentioned injury
12-5-16 employer text asking me to work on short notice while i was struggling with injury i asked if he was covering it and informed him again
12-7-16 more rude texts back and forth from both of us i never quit and dont think i was fired never was stated
12-8-16 seeked lawyers advice reported to dept of labor also
during the holidays i was having trouble reaching out as doctors were booked and lawyers were out of town the ones i got a hold of
12-14-16 reported injury to work comp they reportedly sent first injury report to employer
12-15-16 started the seeking medical help made first appointment and could not get in until 1-23-17
12-18-16 contacted lawyer seeked more advice
12-19-16 applied for ebt explaing my whole situation so its on file there
12-27-16 denied unemployent i apealled decison
1-10-17 wages were verifed but placed into a lag quarter? denied again, i apealled decision again got denied again since lag quarter earnings was not in any formal quarters from my understandings
1-23-17 first appointent they had during holidays for my left hand i explained what happened but was not treated for right wrist 6 week follow up
1-24-17 emailed aim remodeling about my hands and also my w2 for very rude text exchange again bought my on cast
1-31-17 er for chest pains which i think are due to anxeity and stress over the whole thing no follow up
2-3-17 i posted to aim remodeling face book and had another sour encounter and a rude exchange of messages
2-10-17 knowing i need to work to survive in life. i started applying at local jobs and doing interviews
after i got my little tax return and paid bills seeked more advice from lawyers as i was always trying to find one to take my case
2-17-17 been emailing work comp lady anglea still no response from employer second attempt was sent at so point
2-28-17 interveiwed and hired at Thompsons masonrys from yutan ne for 12 a hour and 40 hours a week they do work in omaha
3-1-17 right wrist is still swolled up in cast but i still started like normal as a basic laborer and toughed the shooting pains out until i could not no longer after 6 work days
3-9-17 er for right wrist explained everything to my new employer as where my injuries happened at aim remodeling and we came to a agree ment i get better i have a job still and that is if i can even lift anymore over 60-80 pounds or i have to seek different employment
3-16-17 retained first lawyer who did not have enough time
3-20-17 called work comp lady anglea to see if employer ever responded to claim of injury report and he did not at all she called it deadend on her end
3-24-17 follow up appointent
3-25-17 seeking more lawyers advice and making appointment to meet them
3-29-17 mri left hand rocommend nerve doctor appointment was set / injection into right wrist with follow up therapy 6 weeks twice aweek restritions of 10 pounds lifting no grasping clinching
3-31-17 made a claim with his insurance
april therapy all month twice a week for right wrist after injection
4-2-17 or 3rd i gave a recorded statment
4-5-17 last contact with marks insurance company holly gave no response to me for my recorded statment.
4-6-17 retained new lawyer shefren met and decussed action
4-8-17 recieved injury medchine card from his insurance
4-10-17 denied claim from adjuster? paper work submitted to courts to my knowledge from new lawyers
4-14-17 almost denied service at pain doctor appointment i provided work comp papers but i still seen nerve doctor for left hand got new meds for left hand and could not use injury card free medchine for injury i recievced and paid out of pocket
4-29-17 i applied for tempoary SSi through the ssi.gov after talking with my snap food stamp lady they seen my attempt to return to work through earning
5-1-17 got a call from ssi office gave them my injury date and explained whole sisuation and got all set up from my understanding he was going to apply my injury date of nov first to my claim and submit claim faster i guess
5-2-17 therapy
5-4-17 left hand palm at finger bases hurt real bad could not make fist or close hand pain was at a 8
5-5-17 therapy
5-9-17 therapy pain is still on and off in right wrist from 5-7 left hand feels stiff and hurts when closing still pain is at 5-7. called ssi again need to take medical record to ssi local office
5-10-17 back to doctor morgan follow up right wrist after the first injection/ 2nd injection into dorcel muscle 5-10-17 and 3 more weeks therapy twice a week and 6 week follow right wrist 6-21-17

neropathic pain to left hand pains while closing at index and thumb and base of all finger the pain is unbearable after closing after 30 seconds to one minute
right wrist feels like a bone is broken due to intersection tendons
no payments to date no coverage for scripts or any thing
 
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#2
make your posts shorter; just the essentials-responders can ask for detail if its relevant.
put your state at the top of your post or in the 1st line
state whether you are or have been legally represented
be specific about what information you want.
...you can followup with more questions or information in subsequent posts.

please repost more briefly and i'll try to make helpful suggestions on your claim.
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
#3
(05-13-2017, 04:02 PM)1171 Wrote: make your posts shorter; just the essentials-responders can ask for detail if its relevant.
put your state at the top of your post or in the 1st line
state whether you are or have been legally represented
be specific about what information you want.
...you can followup with more questions or information in subsequent posts.

please repost more briefly and i'll try to make helpful suggestions on your claim.

i live in nebraska i have a lawyer who i believe filed a petion on 4-10-17
 
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#4
given the lapse in time from the injury, your varied treatment and employment during the interim, you have a complex situation that will make it difficult to establish the comp liability. I believe the most likely outcome is that you will be offered a buyout settlement once the doctors have declared your condition to have reached maximum medical improvement.
familiarize yourself with Nebraska's dispute resolution process
http://www.wcc.ne.gov/legal/idr_mediation.aspx
general information on Nebraska comp system and worker FAQs are here
http://www.wcc.ne.gov/Default.aspx

I hope this opinion and information helps.
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
#5
(05-13-2017, 09:41 PM)1171 Wrote: given the lapse in time from the injury, your varied treatment and employment during the interim, you have a complex situation that will make it difficult to establish the comp liability. I believe the most likely outcome is that you will be offered a buyout settlement once the doctors have declared your condition to have reached maximum medical improvement.
familiarize yourself with Nebraska's dispute resolution process
http://www.wcc.ne.gov/legal/idr_mediation.aspx
general information on Nebraska comp system and worker FAQs are here
http://www.wcc.ne.gov/Default.aspx

I hope this opinion and information helps.
it does all info helps bud i never had anything happen like this before
im literally in midtreat which sucks pain managment for left but i complain over both while their start therapy on left a few days ago which is cuasing same pains in my palm smh index middle all fingers still pop and hiss and wrist is feeling tight and grody with crinkling pops feels like pressure is at base of fingers
i probably wouldnt be able to get a rough figure or thoughts on sums at this point?

right wrist was not reported but experencied same tramma of bar being ripped from it as the owner did it and i fully explained accident at er first visit and when i report my first injury to court back in december. at this point. i can barley lift 5 pounds after 2 injections and 7 weeks therapy throbbing and swelling is gone but at intersection tendon feels like a bone is snapped type of pain i have about half my motion and weight sags my hand towards floor again i have deep grody pops here at base of hand and middle finger when moving pulls whole tendon along to my thumb on to of hand not palm
same question any guess to the figures on this arm ? typing dont help but i got all this info down in about 45 mins
 
Reply
#6
Once you are at max improvement the doctor will give a rating. The rating determines how many weeks of payments you are entitled to.
Can't guess at how good your recovery will be.
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
#7
Once you are at max improvement the doctor will give a rating. The rating determines how many weeks of payments you are entitled to.
Can't guess at how good your recovery will be.
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
#8
(05-15-2017, 12:35 AM)1171 Wrote: Once you are at max improvement the doctor will give a rating. The rating determines how many weeks of payments you are entitled to.
Can't guess at how good your recovery will be.
true that i just been going to all appointments as directed so for it seems doctors cant figure out left hand but we did pin pointed tendon on right
arm
i found at elbow and below is comped for 175 weeks x rating

but when searching info on fingers i see 60 weeks for thumb 35 weeks for index 30 weeks for middle and 20 weeks for pinkey 'which totals 145 weeks'

at this point im curious if my left hand could be consider below elbow joint

but like i said not really sure what my rating is as im mid way through treatment

so for example only 175 x 10% = 17.5x 200 = 3500
145 x 10% = 14.5x 200 = 2900
i do have wages of 200$ listed from the courts which i think is low i was making ranging from 525 to 620 a week... so correct me if 200 is not 2/3rds ?
 
Reply
#9
Yes you should send a copy of your w2s so your atty can ask for a recalc.
The rating guide combines the body parts; it's not Streight addition.
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
#10
got this message today im going in tomorrow to talk with lawyer and i will know more then.....
i was asking ajuster to cover meds but then she keeps claiming no coverage i have a claim number i guess employer just dont pay bills and dont communicate either
IN QUOTES
"Your former employer let the policy lapse in September 2016 so they were not covered at the time of the accident. We have filed a petition on your case. We have not gotten service yet, so we will most likely attempt a 2nd time by sheriff, and then we can motion for publication."
 
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