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  1. #1
    mmccraney Guest

    Default Broken Wrist at Work

    I fell of of a truck at work due to the company telling me not to use the hand rail becuase it was weak and could break, from that I recieved 4 pins and a titanium plate in my arm. I was fired the day after my cast came off for insubordination (they claim). Can anyone tell me what my options are as far as handleing this. I live in Jacksonville, FL

  2. #2
    edk Guest

    Default

    we have a fla adjuster on board that will be able to help you....please be patient as he has to answer around his working hours.

  3. #3
    pt Guest

    Default

    Why did you/others(?) continue to use a defective hand-rail ? Why was the rail permitted to remain defective ? Had it been written-up as non-op ? Documentation/ witness's ? Was OSHA informed and has there been an investigation of this or other potential, un-safe work-place conditions ?

    Coming from the perspective of an IW, these are a sample of some of the questions that I personally believe will need to be addressed.

    A consultation with specialized attornie(s) is suggested. Hopefully, the issues will be resloved.

    PT

  4. #4
    aj Guest

    Default

    Are you referring to options on your wc claim or a possible civil/liability suit against the employer? The there is the possible wrongful termination suit. Your date of accident is important as this will determine what if any case you may have against the employer for negligence. After 10/03 you have to show gross negligence to sue your employer in Florida. Were there previously ignored complaints about the handrail? Any in writing? Were there work orders placed to fix this and ignored? It will be a major uphill battle and an expensive one too. I would recommend you consult an qualified wc attorney.

  5. #5
    debbie Guest

    Default

    PTto answer your question on why, Florida is a freedom to work state .employers here have no interest in your safety or your wellbeing .being fired from your job is normal once you reached mmi ,they will use any excuse and don't have to answer to it .wrongful termination is very hard to prove its your word againts theirs .bottom line once you are injured on the job your considered a outcast to the company you work for i know from experience .

  6. #6
    Join Date
    Jun 2018
    Posts
    1

    Default Re: Broken Wrist at Work

    I got a hernia at work. WC assigned me a dr without offering me a choice, or telling me I had a choice. Without a scan, dr went in to do an open repair. Said hernia was massive and gave it a 50% chance of success. Said he had nothing to sew to but bone. Repair was unsuccessful so transferred to another dr in office. Did not tell me I had a choice of drs to change to. He ordered scan and saw another hernia on the other side as well as confirmed the 1st one was not repaired. WC tried to say I caused the 2nd hernia while on WC. They finally approved it, and 2nd dr went in laparoscopically and repaired both. Dr said I was at high risk for re-injuring the hernias. Afterward, I began having problems with inability to make bowel movements. They called me into the office and nearly sent me to the ER. They ended up sending me for a scan and said the scan showed no blockage. After that I heard nothing for many weeks. I was off work for a total of 6 months. I have remained blocked for the last 2 months. Dr put me at MMR with 0% disability. Dr said I was at high risk for re-injuring the hernias! How can he say I have 0% disability?


    WC issued my bi-weekly check last week and then PUT A STOP PAYMENT ON IT. Then they told my lawyer they had not done so. I went to my bank and obtained a copy marked "STOP PAYMENT" and sent it to my atty. My atty immediately issued a $40k demand for settlement. WC attys won't respond to my atty about the stop payment. Instead, they offered me a $10k settlement.

    What do I do? What are my rights? My atty said Florida doesn't use judges; if we don't settle, it will go to an arbitrator who will set it for twice the cost of the surgeries. Is that true? I had 3 hernias repaired in 2 surgeries. They have purposely placed my family in severe financial distress (me, my wife and my 15yo). I am the sole bread winner as my wife was just awarded disability but does not yet have any money coming in.

    After them PURPOSEFULLY hurting my family financially, I want to ask for more! But, all I asked my atty is to tell them $40 or we'll see you in court. That's when my atty said there is no judge in FL.

    PLEASE HELP ME. Blakeboone

  7. #7
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,754

    Default Re: Broken Wrist at Work

    Blakeboone- Since you really do not understand how all this works, you should be following your attorney's advice. Settlement amounts in workers' comp are not numbers that are pulled out of thin air. They have to have some basis in the law and the damages. Listen to your lawyer.
    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

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