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  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Default Hurt at Work but Still Working with Injury

    Hello everyone,

    Im new to this forum but wanted to join because I have a few questions and dont know who to ask. Thought someone here could help me out

    My hubby ruptured his bicep muscle while working. He had surgery a few weeks ago and filed with workmans comp.
    He has missed a few days of work but he just used his sick days so he would not lose any money.
    After a few days he is back to work doing "light duty". He has absolutely no use of his arm whatsoever. They said he will not be completely healed for about 4 months and that he may never beable to turn his arm completely and he may not ever get his arm back to 100%.
    But my hubby is still working and plans to continue to work this job...light duty for now and then back to full when dr says its ok.
    People are telling him he may get a settlement. but if he is still able to work at this job and he hasnt lost any wages because of his injury ( just his sick days) does he really qualify for a settlement?
    It really wasnt anyones fault...just something that happens. But he is in ALOT of pain and things have been tough here. He cannot hold our brand new baby or help feed him, so he feels guilty etc. Does pain and suffering count?

    I guess Im just asking if it is possible that he could get a settlement even though he can still work? And if so, what should we do? Do you suggest getting a lawyer? or is that not always necessary?


    Thanks in advance for your advice! Its much appreciated!

    Emily

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Hurt at Work but Still Working with Injury.what to Do?


  3. #3
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,340

    Arrow Re: Hurt at Work but Still Working with Injury.what to Do?

    Quote Quoting momof4 View Post
    Hello everyone,

    Im new to this forum but wanted to join because I have a few questions and dont know who to ask. Thought someone here could help me out

    My hubby ruptured his bicep muscle while working. He had surgery a few weeks ago and filed with workmans comp.
    He has missed a few days of work but he just used his sick days so he would not lose any money.
    After a few days he is back to work doing "light duty". He has absolutely no use of his arm whatsoever. They said he will not be completely healed for about 4 months and that he may never beable to turn his arm completely and he may not ever get his arm back to 100%.
    But my hubby is still working and plans to continue to work this job...light duty for now and then back to full when dr says its ok.
    People are telling him he may get a settlement. but if he is still able to work at this job and he hasnt lost any wages because of his injury ( just his sick days) does he really qualify for a settlement?
    It really wasnt anyones fault...just something that happens. But he is in ALOT of pain and things have been tough here. He cannot hold our brand new baby or help feed him, so he feels guilty etc. Does pain and suffering count?

    I guess Im just asking if it is possible that he could get a settlement even though he can still work? And if so, what should we do? Do you suggest getting a lawyer? or is that not always necessary?


    Thanks in advance for your advice! Its much appreciated!

    Emily
    Look over .SH's post. He may be able to receive some of his sick time back and if there is a loss of use receive some sort of settlement for that. IE if he is found to suffer an 10% loss then they will use that money to reimburse the employer for the sick time, him for any out of pocket expenses (mileage is included) with the rest given your hubby. It sounds as if your hubby has an open shut case that may not need a attorney as his employer and insurance company are treating him well that, and his desire to continue to work (as we all want to do) should move his case along swiftly BUT if his condition worsens or becomes lifelong or if his employer wants to deny light duty and release him (yes, they can do that) then you may want to retain an experienced comp attorney which you will never pay out of pocket for this attorney too.

  4. #4
    Join Date
    Mar 2009
    Posts
    63

    Default Re: Hurt at Work but Still Working with Injury.what to Do?

    He may be entitled to schedule loss based upon the degree of disability of his arm.
    Read the guidlines here:

    http://www.wcb.state.ny.us/content/m...pp/mdguide.pdf

    Check page 22-23 and then the last page of schedule awards based on percentage of degree of disability. As long as it's a Workers Comp case he should get paid.
    There is a waiting period of at least 1 year. Not sure if his injury is the 1 year or 2 year type, you'll have to read to figure it out.

    Here's an example:
    If the injury is after July of 2008 then the weekly comp rate is $550, if it's before July 2008 and after March of 2007 it is $500 per week, so we will use the $500 figure for fun.
    Looking at the chart on the last page you will see that if the Doctors(Your's and the carriers) agree to a 10% disability on the arm, hubby will be awarded 31 weeks and change. Multiplied by $500 per week will give him an award of approx. $15,000.
    You'll most likely need a lawyer to help you out and he'll get somewhere in the 10% range.

    Even though hubby continues to work he is still entitled to an award based upon degree of disability as long as his job caused the injury and judging from your comments it sounds as though he has a much greater degree of loss, which means some nice cash for you both.

    Hope this helps


    Quote Quoting momof4 View Post
    Hello everyone,

    Im new to this forum but wanted to join because I have a few questions and dont know who to ask. Thought someone here could help me out

    My hubby ruptured his bicep muscle while working. He had surgery a few weeks ago and filed with workmans comp.
    He has missed a few days of work but he just used his sick days so he would not lose any money.
    After a few days he is back to work doing "light duty". He has absolutely no use of his arm whatsoever. They said he will not be completely healed for about 4 months and that he may never beable to turn his arm completely and he may not ever get his arm back to 100%.
    But my hubby is still working and plans to continue to work this job...light duty for now and then back to full when dr says its ok.
    People are telling him he may get a settlement. but if he is still able to work at this job and he hasnt lost any wages because of his injury ( just his sick days) does he really qualify for a settlement?
    It really wasnt anyones fault...just something that happens. But he is in ALOT of pain and things have been tough here. He cannot hold our brand new baby or help feed him, so he feels guilty etc. Does pain and suffering count?

    I guess Im just asking if it is possible that he could get a settlement even though he can still work? And if so, what should we do? Do you suggest getting a lawyer? or is that not always necessary?


    Thanks in advance for your advice! Its much appreciated!

    Emily

  5. #5
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,340

    Arrow Re: Hurt at Work but Still Working with Injury.what to Do?

    [QUOTE=lonce;110486]He may be entitled to schedule loss based upon the degree of disability of his arm.
    Read the guidlines here:

    http://www.wcb.state.ny.us/content/m...pp/mdguide.pdf

    Check page 22-23 and then the last page of schedule awards based on percentage of degree of disability. As long as it's a Workers Comp case he should get paid.
    There is a waiting period of at least 1 year. Not sure if his injury is the 1 year or 2 year type, you'll have to read to figure it out.

    Here's an example:
    If the injury is after July of 2008 then the weekly comp rate is $550, if it's before July 2008 and after March of 2007 it is $500 per week, so we will use the $500 figure for fun.
    Looking at the chart on the last page you will see that if the Doctors(Your's and the carriers) agree to a 10% disability on the arm, hubby will be awarded 31 weeks and change. Multiplied by $500 per week will give him an award of approx. $15,000.
    You'll most likely need a lawyer to help you out and he'll get somewhere in the 10% range.

    Even though hubby continues to work he is still entitled to an award based upon degree of disability as long as his job caused the injury and judging from your comments it sounds as though he has a much greater degree of loss, which means some nice cash for you both.

    Hope this helps[/QUOTE

    There is a bite more to this than meets the eye too.

    Here is a link I would like to add and will answer more fully later:
    http://www.wcb.state.ny.us/content/m...ilityClass.jsp

  6. #6
    Join Date
    Mar 2009
    Posts
    63

    Default Re: Hurt at Work but Still Working with Injury.what to Do?

    Not really too much more. I've been through the scheduling process a number of times.

    The degree of disability based upon the mandated guidelines from the State OF NY are thorough.
    If his Physician, in this case most likely a specialist indicates a degree of disabilty he will be awarded at least the minimum 5%. For nerve injuries without surgery it is 2 years from the date of injury, if surgery is performed it is 1 year from the date of surgery.

    The process can be lengthly, no doubt, especially with appeals or the favorite excuse by a carrier used time and again..... no causual relationship. But in the end a good Doctor and Lawyer should do the job as long as the injury occurred at work.

    Now, if he were off for an extended leave and received Compensation then the carrier has legal rights to deduct any compensation he received from the award. Since he didn't meet the week waiting eligibilty required and received nothing he should collect what is due.

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