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  1. #1
    Join Date
    Jul 2012
    Posts
    2

    Default Anyone Still on This Site

    Hello. I was injured on March 5th 2009 at 6am. I had surgery the same day, to place a metal plate and 10 screws in my leg. I was also pregnant at this time though i did not know it until about 2 weeks post surgery. I returned to work after 4 months of being off (July 2009) and was unable to preform my job (CNA). I was fired from the company (August 19th 2009) due to them harrassing me and telling me i could not leave work because they were short staffed. My employers even told me if it hurt that bad to take a vicodin with working- which i refused to do, due to fear of something happening to one of the residents in my care and then it would come back on me. I only recieved TTD for the first four months, then i recieved PPD from july until August when they fired me. I moved back to my home state (Michigan) at the end of August 2009, because with not working, or being able to care for my two small children at home, let alone my self (and unborn child). My husband could not work because he had to care for us. Moved back to michigan, again not recieving any compensation from August 2009 to current. Jan. 27, 2010 a month after giving birth to my 3rd child, I had my second surgery on my leg- to remove the metal plate and screws due to my body rejecting it. I did not recieve compensation during this surgery and recovery. WC told me i did not qualify for it because i was no longer employed with the company. Another child later, in March 2012 I had yet another surgery on my leg/ankle, to remove scar tissue, unblock a nerve, as well as drain fluid from my ankle. During this surgery and recovery, I DID recieve 2 check from WC.

    Sorry this is so long. i figured it would help to include some of the major issues. I have since needed to have a pair of custom shoe inserts made because I have a slight limp and have pulled a few tendons in my ankle because of it. With all this being said my questions are: Why was I eligible for compensation during the 3rd surgery but not the 2nd? Should I have been paid compensation during the past 3 years? Due to breaking my leg (in 2 spots) i have missed out on 3 years of running, chasing and playing with my children. I still to this day can not run because my ankle gives out. Should i even be looking for a settlement from this? And is so, is there even a ball park range? I am very over dealing with this. I have multiple scars from the 3 surgeries, from my ankle almost to my knee cap.

    Thank you for your time reading this as well as any suggestions/advice you may be able to provide me with.

  2. #2
    Join Date
    Apr 2012
    Location
    Oregon
    Posts
    347

    Default Re: Anyone Still on This Site

    Being fired is not a reason to be denied wage loss. Why did you never hire an attorney? You need one because you are owed and you will get an award based on your disability rating. Please talk with a good WC atty. You and your family need every resource you are eligible for. You do not have to settle you do need your rating.

  3. #3
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,756

    Default Re: Anyone Still on This Site

    You probably should have received TTD after being fired due to your restrictions, and for the surgery when you were unable to work. Did you have a lawyer? Apparently you did not have one.
    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 and Board Certified Specialist in NC Workers' Compensation Law

  4. #4
    Join Date
    Jul 2012
    Posts
    2

    Default Re: Anyone Still on This Site

    Quote Quoting complwyr View Post
    You probably should have received TTD after being fired due to your restrictions, and for the surgery when you were unable to work. Did you have a lawyer? Apparently you did not have one.
    I did attempt to hire a few different lawyers. However, with being back in my home state of michigan, no lawyer here will touch the case because the laws are different for each state. I have spoke with a few lawyers from South Dakota and each one has told me to wait until I am offered a settlement then contact a lawyer. As far as not recieving any compensation since I was fired, the WC-IC said i have to file a claim with the Department of Labor in SD. Which I have attempted to do two times now, with never hearing anything from DOL.

    - - - Updated - - -

    Quote Quoting Leslie View Post
    Being fired is not a reason to be denied wage loss. Why did you never hire an attorney? You need one because you are owed and you will get an award based on your disability rating. Please talk with a good WC atty. You and your family need every resource you are eligible for. You do not have to settle you do need your rating.
    Please read comment to complwyr about the attorney. WC-IC did pay for me to fly to south dakota to see a third doctor, because the IC doctor and my doctor here would not agree on doing the 3rd surgery or not (my doctor wanted to, their doctor did not). The 3rd doctor after 5 minutes in the office with him said do the surgery. The WC-IC told me my doctor here in michigan could do the rating for me, as they have sent him the books and codes on how to do it according to SD laws. However, now they are saying i will have to return to SD once again to have the impairment rating done. I have even asked attorney's if there is any way i can sue my employer due to harassment and pain and suffering. I was told no. Its against the law to sue the actual company.

    I guess my point is, my life will never be back to the way it was. I use to go snow boarding and snow mobiling, skiing, hiking, jogging. I can not walk for long distances or more than an hour before my leg starts to swell and starts shooting pains up into my knee. WC does not cover pain and suffering, and as you can see its been 3 years 4 months since I broke my leg, and after 3 surgeries, I would say i've had some pain and suffering!

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Anyone Still on This Site

    I guess my point is, my life will never be back to the way it was. I use to go snow boarding and snow mobiling, skiing, hiking, jogging. I can not walk for long distances or more than an hour before my leg starts to swell and starts shooting pains up into my knee. WC does not cover pain and suffering, and as you can see its been 3 years 4 months since I broke my leg, and after 3 surgeries, I would say i've had some pain and suffering!
    That's the trade off in WC system in every state.
    The ER/IC provides immediate treatment, without either party having to show fault/negligence, and wage replacement when due. IW's give up the right to sue the ER directly.

    With out the comp system, such as it is.... IW's would have to prove the ER is at fault...wouldn't have medical care unless they could pay out of pocket, or welfare, no wage replacement at all....and could take years to get in front of a judge/jury with no guarantee of reimbursement, lost wages, or pain and suffering monies.

    Many injuries, work related or not, cause life altering situations.
    You are rated for impairment, and paid pre determined cash indemnity benefits generally on a weekly/bi weekly basis. That's the cash you receive for future earning capacity loss, or ability to compete in the open labor market due to your injury.

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