Hurt Due to Negligence

**slidellangel** · 10-24-2008, 11:41 PM

My husband has been working for a restaurant that I used to think was great. That was before they ticked off the manager and she quit,then a new manager moved here from wisconsin and took over. I worked there for exactly 2 months,but the manager was being an ass and treting certain employees better than others,though they were the ones messing things up. Well,the manager will not do anything to make things decent for the employees. The trash cans are the 55 gallon garbage cans and the employees stack the trash higher than the top of the can. The can is greasy,will not come clean just by normal scrubbing it and the employees ask for pressure washer and the manager refuses,the cook has even sprung for a new water hose and nozzle,fixing things because manager says no money in budget for those things,but how can you run a restaurant without supplies. Anywayshe took the can out to empty into the dumpster which is what they are supposed to do. When he went to lift the can up to the dumpster,he felt something pull in his back. When he got the can almost up to the top of dumpster,it fell,hitting him and knocking him backwards. He went to the emergency roomafter accident report was filled out. He has a fracture foot,sprained ankle,sprained lumbar and problems with S1 and L5. Doctor put him off,stating release for duty date is undeterminable at the time,so is mmi. The doctor says next week when we go backhe may be ordering other tests and therapy. My question is this,before this happened my husband could lift damn near anything he wanted,now he can not even hold our two month old grand daughter,he can not sleep with me because it jars his back,I have to get im up and down,help him get dressed and all. After the doctor releases himwhenever that is,will the insurance company offer a settlement. They have excepted the claim,paying bills and all,so I am just wondering what will happen if he has to have back surgery and when he is released.

**BvIA** · 10-25-2008, 06:08 AM

Go to the LA web site and read through the information there for IW's.
Know the benefits you are entitled to and how to access them, as well as how to handle a disputed medical issue.

The ER/IC will continue to provide 'reasonable' medical treatment that is determined as necessary on an 'industrial basis'. That unfortunately doesn't necessarily include all treatment you might expect under a private health coverage policy.

There may or may not be a settlement to the claim. That will be dependant upon the condition at the time he is determined as MMI. IF there is resulting permenant disability due to the injury... there would be indemnity, as provide by the state laws. Usually a set amount of money for each percentage of PD. That will be determined by an evaluation by the treating physican. If you disagree, you can dispute the issues.

My question is this,before this happened my husband could lift damn near anything he wanted,now he can not even hold our two month old grand daughter,he can not sleep with me because it jars his back,I have to get im up and down,help him get dressed and all. After the doctor releases himwhenever that is,will the insurance company offer a settlement. They have excepted the claim,paying bills and all,so I am just wondering what will happen if he has to have back surgery and when he is released.

WC is not like a PI claim... there are no provisions for 'lost wages', or 'pain & suffering'... the award is limited to whatever amount of PD is due to the injury...
The 'extra work' you are providing in helping your husband now due to his injury is not 'compensable'....

**WCILC** · 12-14-2008, 10:25 PM

The IC will offer a settlment at that point but not what its worth. The most important thing right now is to get away from the IC doctor if that is who your currently treating with. They always release full duty before the injury is better and so IC can stop your indemnity, and they say you don't need medical treatment so the IC can stop paying for that as well.

You have the right to go to your own choice of physician which I highly recommend and stop seeing the employer/IC doctor who are paid to screw you over. Only after gettings enough treatment, x-rays, MRI's, physical therapy, CT's and EMG's should you evaluate how you feel and see if doctors feel you need surgery. Only then should you make a decision with your loved ones to do it, or if not, to then think about settling your case.

Workers' Compensation Injury Law Center
(504) 220-3522