Permanent Partial Disability

**Virgie** · 12-04-2011, 07:22 PM

Hi! I want to make sure that I get what I am all entitled to. Not trying to be greedy but just want what is rightfully mine. Here is my story - On Dec. 16, 2010 I fell down 2 steps while taking out the garbage at my employers (I am a janitor there). I broke both wrists, left thumb, & left elbow. Also bruised my nose, slight black eyes, and had a small cut above my lip. I had pins put in both wrists and had casts on both arms until end of January 2011. Went to physical therapy pretty much until June. Although I did go back to work for them in March. But still had pain so continued with physical therapy. Therapist knew something wasn't right but Dr. would not do another X-ray until June. Then we found out that the elbow did not heal correctly. So made an appointment with a specialist for September 1st. Decided to have surgery on the elbow which was done on 11/11. Still in a full arm splint and again doing physical therapy at least until December 20th. So because of this injury I can not fully bend my arm. Although Dr. says it is "functional". I don't know yet to what degrees that I will not be able to bend my arm. So far I believe it is 10% less usage than normal. So I have scars from surgery, scars from the pins in my wrist, small scar on face from the cut, & PAIN!! What kind of figures should I be possibly looking at to recover from this? I also get tendonitis in my right thumb from not being able to use my left hand as much. Have a thumb that won't bend as far on that hand also. From the broken wrist on my right hand the bone also sticks out more than it did before. So those are my physical injuries. Now onto my mental problems - I am scared to go back to work there. Even though I did manage to go back in March I always felt anxious and scared remembering my fall and afraid that it would happen again. It doesn't help that my boss is uncaring and just calls me on the phone and asks when do I "intend" to go back to work and how long will I be gone "this time". As if I wanted these problems. He should be nice as I could probably sue for unsafe conditions as there was no railing by the steps and I fell because the mat had slipped over the steps. Do I have to go back? I am just so scared to go in that building. And scared to talk to him as he makes me feel like I did something wrong.

What course of action should I be taking? Do I request to keep the medical open? I am worried about arthritis setting in and further problems down the road. Should I get an attorney?

Thanks for the help.

**.SH** · 12-04-2011, 07:58 PM

no you don't have to return to the same employer. but if they have work for you it will end your disability payments.
if you are having emotional/psychological symptoms you need to discuss it with your doctor and a get a referral for professional treatment.
until your psychological evaluation is completed you should not be thinking about settlement.

**BvIA** · 12-05-2011, 04:59 AM

Information on WC in MN is here http://www.dli.mn.gov/WC/PDF/eeguide2wc.pdf, including when TTD is paid, ends, VR plan/services and PTD or PPD benefits.

Not trying to be greedy but just want what is rightfully mine.

None of this is about what's 'yours', WC is a benefit dellivery system. Once you are determined stable/MMI, you'll be rated for PTD or PPD benefits. You can request a lump sum payment... that amount will be discounted to ' todays dollars'... there is no money for pain and suffering.
Nor is there ER liability because you are depressed over the system/process... or fear of returning to work, or the place you were injured.
You may receive counseling/therapy to help manage your pain... if you are diagnosed with "chronic pain" secondary to your injury.

He should be nice as I could probably sue for unsafe conditions as there was no railing by the steps and I fell because the mat had slipped over the steps.

Actually... filing a claim for WC benefits is the exclusive remedy for work injury...otherwise, you could carry the burden of proof for ER negligence. If you think you have a case... dont threaten, but talk to a PI atty.

What course of action should I be taking? Do I request to keep the medical open? I am worried about arthritis setting in and further problems down the road. Should I get an attorney?

Yes..of course you should consult with a WC atty... evaluation of your claim would at the least help understand the process...and you'd get a idea of the merits in your claim.