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  1. #1
    Join Date
    Dec 2009
    Posts
    1

    Default Worker's Comp After Falling at Work

    Ok, back in may 2009 I was injured at work. I fell a distance of about 7 feet onto concrete. I landed feet first, suffering a tibial pilon fracture. Basically, I drove my tibia into my ankle, shattering my ankle and breaking my tibia in 5 places. I had surgury to reconstruct my ankle and piece my tibia back together. Donor bone, a plate, 7 screws and a pin is what I walked away with.

    Now, for the medical end, I've had zero problems, they have paid all the bills, the only bill I've gotten was for crutches and they took care of that too.

    The pay part has been one huge headache. It was almost 3 months before I got a single check. Then they back payed me, and everything was good.

    Physical therapy was a wash, it didn't help me at all. The doc signed off on the 30th of october said I was cleared to work. My phisical therapist wanted me to continue with therapy because we can't get the range of motion back. Doc wouldn't sign off on more therapy.

    So, here I sit, no money coming in, 401k is cashed in and gone. I can't work at all. If I stand for more than 1/2 hour the pain is totally unbearable. Hell, I tried going to the grocery store with my girlfriend and by the time we were done walk through the store (about 20 minutes), I was in tears the pain was so bad.

    I'm at wits end. I talked to my work comp lady, and she's arranged a doc appointment next week, moved up from the end of march. The march appointment is when I was supposed to get my PPD rating.

    If anyone has any advice on what I should do next, I would really aprreciate the input. I'm borderline depressed over this whole thing. Don't know where my rent is going to come from next month. No family to help out, guess I'll be living on the streets come january, and that's scary thinking about that in South Dakota.

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

    Default Re: Advice About WC

    Have you discussed this claim with an attorney who primarily works WC claims? That should be your first move.

    Next would be to work your way aroung this site http://dol.sd.gov/workerscomp/default.aspx, and get a handle on what benefits are available, and what is not.

    The WC statues are here http://legis.state.sd.us/statutes/Di...e&Statute=62-4

    62-4-5. Compensation for partial disability. If, after an injury has been sustained, the employee as a result thereof becomes partially incapacitated from pursuing the employee's usual and customary line of employment, or if the employee has been released by the employee's physician from temporary total disability and has not been given a rating to which 62-4-6 would apply, the employee shall receive compensation, subject to the limitations as to maximum amounts fixed in 62-4-3, equal to one-half of the difference between the average amount which the employee earned before the accident, and the average amount which the employee is earning or is able to earn in some suitable employment or business after the accident. If the employee has not received a bona fide job offer that the employee is physically capable of performing, compensation shall be at the rate provided by 62-4-3. However, in no event may the total calculation be less than the amount the claimant was receiving for temporary total disability, unless the claimant refuses suitable employment.
    You should appearantly be receiving TTD benefits based on the above statue. http://legis.state.sd.us/statutes/Di...Statute=62-4-5

    WC benefits are not open ended... at some point, you will be expected to seek employment suitable to your restrictions/condition.
    At any rate, you really need to be familiar with the rules/statues here CHAPTER 62-4
    COMPENSATION FOR INJURY OR DEATH
    , http://legis.state.sd.us/statutes/Di...e&Statute=62-4 and discuss the merits of your claim with an attorney. WC is not generally a DIY project.

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