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  1. #1
    Join Date
    May 2009
    Posts
    1

    Default What Compensation Can I Get

    Despite a docters notn for one week off due to pain after a potentaially fatal accident, the company rep called said doctor and said they had light duty to accomodate my restrictions and the doctor changed her note, returning me to work.

    One hand is injured and will require surgery... a plate to hold some bone together that i will have the rest of my life. Doctors have taken care of the other injuries this week, but due to pain and not taking my pain medication (work around heavy machinery, etc) i've had to use vacation/personal time to cover some absences.

    Several people have told me I should get some monetary compemsation since the plate will be affecting me the rest of my life. My employer has excellent benefits otherwise, and is paying for all the medical expenses due to my accident. I did not like having to work, even light duty, because my affected regions were still sore.

    Im tired of heariing about how Im getting used and would like some advice from people more experienced working with sd workers comp. I have received no documents on workers comp either from the company or SD department of labor. Do I have a right to settlement, or are people just filling my head with what they think is right?

    Thanks in advance from a confused worker.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Clarification

    You are confused and most likely due to those who are giving your the advise... comp is not like a personal injury claim... you are not going to see money for pain & suffering, or lost wages, or punitive damages for suffering the accident...or how the results of the surgery affect you for the rest of your life.

    You should first go here...http://dol.sd.gov/workerscomp/default.aspx follow the links and make yourself knowledgeable of the rules/statutes that provide for benefits in the WC system in SD.

    Unless your ER is self insured, they should have filed a claim with their IC...and that is the party you should be dealing with. The CA/Claims Administrator handling the claim.

    If you don't feel you can work under the light duty as provided by your ER...go back to your PTP and discuss the issues, and request a return to TTD status.

    You should also consider a consultation with an attorney handling WC...a consultation is not charged and any fees would come out of a settlement at the end of your claim.

    Go read the rules, then come back with your questions...

  3. #3
    Join Date
    Oct 1971
    Posts
    5,033

    Default Re: Clarification

    You shouldn't have to be using your "vacation/personal time to cover some absences."
    They're playing games with you, you'll need an attorney to fight for your rights.
    It's up to you, alot of people can't afford to go "all in," in other words call their bluff.
    Sure it's good to read up and find out your rights, but be advised, you're not a lawyer.
    You need to consult with a local attorney who specializes in comp.
    There's alot of ways to get your foot in the door, a good lawyer should be able to advise.
    You have to stand up for yourself, don't let people push you around.
    If you're in pain at work, notify your boss and ask to go back to the docs.
    Or take your pain meds, go to work and notify them that you're under the influence and that you don't feel safe.
    It's up to you...I say..... "KEEP UP THE FIGHT!!!!"
    Take Care.
    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

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