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Thread: Wrist Injury

  1. #1
    Join Date
    Sep 2009
    Posts
    2

    Default Wrist Injury

    What can someone expect for an injured wrist. My doc is thinking I will only get back to being able to rotate my palm back to 45 degrees versus flat or 90 degrees of a normal person. Is the settlement strictly based on rating at MMI or do they also base it on medical bills and pain and suffering? I know a hand is 200 weeks and I am guessing mine will be 25 to 50% permanent disability in my wrist.

    So will it be 50 to 100 weeks or can I also expect additional based compensation based on pain and suffering?

  2. #2
    Join Date
    Feb 2009
    Posts
    87

    Default Re: Wrist Injury

    hello,I'm from Ill and the workers comp laws are probably different in your state.


    I had a total wrist fusion,so i have 0 movement up or down or side to side and in ill they do not pay for pain and suffering.

    the IC also does not have to take in account what your Dr puts you at as far as % loss of use, what the IC uses is past cases to decide what your injury is worth.

    I settled with 33% of the hand.Your state may use AMA guidelines to decide your % of loss.

    Look up your states workers comp laws and maybe you can get more precise info.

    Good luck

  3. #3
    Join Date
    Nov 2008
    Posts
    279

    Default Re: Wrist Injury

    Quote Quoting beachbum622 View Post
    I had a total wrist fusion,so i have 0 movement up or down or side to side...

    ...I settled with 33% of the hand.
    I know somone who had a total wrist fusion here in NC who was rated at 40%.

    beachbum622 is right. No pain and suffering in W/C.

    Keep checking back, We are blessed to have a NC W/C lawyer who will come along soon and give you advice on how the law works in your case. If you have any other details or questions go ahead and post some more so he will have all the info he will need to help you.

  4. #4
    Join Date
    Apr 2008
    Posts
    308

    Default Re: Wrist Injury

    Every case is different, so hard to tell what your rating will actually be. One thing I can tell you is there are no payments based on pain and suffering in a workers comp case.

  5. #5
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,031

    Default Re: Wrist Injury

    Go to the NC Industrial Commission web site and look at the "Rating Guide." A wrist is part of the "hand" so you are limited to 200 weeks. The Guide can give you some idea of what you might get.

    You are entitled to a second opinion on rating at the doctor of your choice, if you don't like the rating the treating doc gives you. Carrier has to pay for it. Get in touch if you are in central or western NC and I can give you the name of a good one to see for this purpose.

    Your better settlement may come from how long you are going to be out of work or earning less than pre-injury wages, rather than the rating. You need to analyze this carefully, as you get to elect the settlement theory that gives you the most money.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  6. #6
    Join Date
    Sep 2009
    Posts
    2

    Default Re: Wrist Injury

    the other issue is that the management of my employer has refused to meet the docs limitations. For instance I was on sedintary restrictions but I still had to do my normal monitoring which requires me to walk around and interact with others, I had to retrieve my own case files which are on teh order of 20 lbs each and require two hands to carry and put me in situations that risked further injury. While at the same time three others with similar types of injuries were sent home as they could not be accomidated. I am a manager where they were regular employees but still it seems there was a lack of accomidation or doctor's orders following. Not sure how that effects things but I know it has slowed my healing and probably was teh ultimate reason I was not better after 6 months and the doc decided to operate to make sure nothing was wrong in the wrist that had been missed on the MRI and xrays. The most recent event my employer wrote me a warning for not calling out sick when the doc put me back on disability, even though I had forwarded the leave paperwork to our human resource worker comp person well before my next scheduled work period and they had notified my management I was not coming in. I am guessing I am going to get a lawyer when I reach MMI and have to sue or mitigate to get anything that is fair based on my treatment by my management. The final straw came yesterday when my second line manager told me it would be best if I applied for a transfer from her department and she would make sure it happened to get me out of their area and allow them to fill my position.

    By the way I manage a group home setting with MR/MI individuals that are adults with intelligence levels equal to 6 to 18 month olds, they also have severe behaviors requiring NCI to restrain them at times and that is how I was initally hurt as well as why my doc has me on restrictions to prevent me from getting injured again.

  7. #7
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,031

    Default Re: Wrist Injury

    Anytime the employer refuses to honor your restrictions, you need to call your doctor's office and ask for his nurse, and ask the nurse to put a note in the chart that they are not honoring your restrictions. After this happens a couple times the doc will get fed up and try to help you.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

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