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what's Fair got to do with it?
#1
Exclamation 
I was injured by falling on ice (unkept walkway) at work in January 09. (NY) Both knees suffered torn meniscus. Awaiting surgery to repair - of course 1 knee at a time. How is it fair that due to neglect on property owner's behalf (my employers) - that while i am home recovering from surgery that I recieve less than full pay?! not only less pay, but there will (of course) be delay in these payouts, putting me in financial distress. 'Insult to injury' comes to mind, it feels very punitive and unfair. I have always paid supplementary disability insurance - which i was told by HR does not apply here - and of course that and all other similar deductions such as dental & health insurance now must be paid directly by me out of this late and truncated 'benefit'. Am I missing something? I did not get an lawyer - should i? how would they help save me from this financial nightmare? How can I not only get injured due to neglect but ALSO suffer financial loss?!
 
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#2
workers' comp is no fault.
what's fair is that you didn't have to wait months or years to go to civil court to prove they were negligent.
what's fair is you get some wage replacement dollars and treatment up front.
you would have liked the system prior to work comp laws a lot less.

it's difficult to see the bigger picture when you are in pain and wishing things were different.
venting can help as long as it you are able to put it behind you after awhile and work with the positive.
find out as much as you can about the process so you have a plan.
Smile
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.
 
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#3
Yeah, and my great grandpaw had to walk up hill 10 miles in the blizzard to go to school every winter. Thanks but, your response does not address the 'insult to injury' issue, nor if there is any action required on my behalf to level the financial playing field.
 
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#4
Welcome to the world of WC. We all do our best to survive, and your greatest defense is knowledge. Learn about the laws of your State so you can arm yourself. Hire a lawyer if it becomes too much for you to handle, but just be advised, most WC attorneys don't become too involved in your case until money is involved. i.e.: Settlement

Appy for SSDI. It takes time and you must be off work (or going to be off work) for at least 12 months in order to apply.

If you are geting TTD it is almost the same as your income prior to injury because the 66% is not taxable.

The medical care is sometimes slow and tedious. Remember that you are entitled to 2nd opinions. Be your own advocate in your medical care, and fight for treatment if you have to.

Most people get in and out of the system without a hitch. It's those of us that have serious medical issues that have problems with WC. It's all about money.

The personal health care deductions are the pits, but at least you have healthcare; and keep it as long as you possibly can. There is help from the federal government to pay a percentage of your COBRA is you should become unemployed.

Get an attitude adjustment before you explode. Sorry to be so blunt but we all come on here angry at WC. Maybe you can pick up some advise from others. We have been where you are.
Let Go, and Let God......
 
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#5
chrischris Wrote:Welcome to the world of WC. We all do our best to survive, and your greatest defense is knowledge. Learn about the laws of your State so you can arm yourself. Hire a lawyer if it becomes too much for you to handle, but just be advised, most WC attorneys don't become too involved in your case until money is involved. i.e.: Settlement

Appy for SSDI. It takes time and you must be off work (or going to be off work) for at least 12 months in order to apply.

If you are geting TTD it is almost the same as your income prior to injury because the 66% is not taxable.

The medical care is sometimes slow and tedious. Remember that you are entitled to 2nd opinions. Be your own advocate in your medical care, and fight for treatment if you have to.

Most people get in and out of the system without a hitch. It's those of us that have serious medical issues that have problems with WC. It's all about money.

The personal health care deductions are the pits, but at least you have healthcare; and keep it as long as you possibly can. There is help from the federal government to pay a percentage of your COBRA is you should become unemployed.

Get an attitude adjustment before you explode. Sorry to be so blunt but we all come on here angry at WC. Maybe you can pick up some advise from others. We have been where you are.

Thank you for your response - it was informative. That's what i was looking for! The reason I never got a lawyer was because my employer didn't fight me on this - in regards to their responsibility. all seemed fair enough. This was all an unplesant financial surprise. I have learned my lesson - avoid WC at all costs in the future!
 
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#6
If you worked a 40 hour work week and get injuried then the 66% of that is about the same as you would have been earning because you don't pay tax on it. Plus you don't have to drive to work everyday and that kind of stuff. WC is not setup to make anybody rich and if you read here you will see allot suffer from lose of pay. I worked 60 hours a week but because it was not forced overtime my WC payment will be based on 40 hours a week so I will lose out big time. If your employer is paying you weekly and covering your medical bills then you are not in as bad a shape as you could be. I know it doesn't seem right but it's the way it works.
Hope you have a fast and full recovery.
 
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#7
Welcome to the forum!

If you will go to the top of the page and click on state information you will find information on your state work comp laws, this is a great place to start gathering information.

And if you will click on comp yellow pages at the top of this page you will find links helpful in finding a work comp attorney.

Be sure the attorney you select is experienced in work comp.

I was injured 2005 with bilateral injury to the knees/meniscus, no fun!

Bummer Knees
 
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#8
Thanks for the info - if the state of the economy wasn't so dire, i would consider a more proactive, legal approach to this nasty affair, but keeping my job is ultimately paramount. Because no matter how you 'slice' it - this injury, by its sheer nature will not ever result in me walking away as 'whole' again. Knee replacement is the most likely long term prognosis. Because removing the meniscus; while being the only 'cure' available'; is not a good thing. And that being said, neither is unemployment!
Surely you will understand the sentiment "I miss my knees!". Did you have your knees repaired? how did that work out for you? (sure hope you have a favorable response)
bad knees II
 
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#9
Hi noears, and Welcome to the Forum! The Advice You have been given so Far is Priceless, and as far as what's Fair, I can Answer that, Nothing when You are Injured and in Pain, and not able to Help Your Financial Situation! I was Injured at the Age of 42, on that Great Day, 10/28/04 after Catching a 450lb 7' High $250,000.00 Computer Station to Save an 18 Year Old Boys Legs, My $200,000.00 a Year Job went out the Window, and now I'm Totally Disabled in the Prime of My Life. So as far as Fair, maybe Time will tell for Me and You, I know I allowed an 18 Year old Young Man the Ability to Walk away that Day, and I now Live on Less than $2k a Month!! I'm just Months Shy of 5 Years into this Fight, and have had to Battle for every Dam* thing have, at 15 Hearings, and also the Appeals Board, and I've Won 14 1/2 of My Petitions, but the System still allows the Defense to Keep Coming at Me. I'm Sorry, I Truly Wish I could Find Fair for You, I have Never been able to Find it for Myself, but I did Learn Patience, and More about Pa. W/C and the Lower Spine than I thought I've ever had to Learn! Research, and be Prepared, and Retain an Attorney if it gets to be More than You can Handle! My Very, Very Best to You, and Again Welcome!!Wink
 
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#10
noears4

Yes, I do miss the mobility I once had with "good knees"

My injury was 2005, complete tear of the medial & lateral meniscus of the left knee. To accomodate my employer's work schedule my surgery was delayed 5 months while I continued to work with restrictions.

After surgery the knee was never the same, and I was told I needed a totol knee replacement. I started having problems with the other knee and learned I also had a torn meniscus in that knee. Surgery of the 2nd knee was done a few months later and I had meniscus repair, plica resectioning, and chrondlyl repair.

Thr total knee replacement was 36 months after my injury. I continue to have problems with the 2nd and recently had a x-ray of this knee. I saw the doctor Friday and learned I will need a partial knee replacement of the 2nd knee.

Please understand delaying medical treatment will only lead to other medical problems, that is what happened with me.
 
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