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Message
Workers Comp(Atty, Claim, help)
Posted on 6/30/10 at 3:41 pm
Posted on 6/30/10 at 3:41 pm
Ok so my mother in law got into a bad accident at work almost a year ago.(fell approximately 4 feet high and stuck her head and back on the concrete). She had surgery about a month ago on her spine and is now able to move around with a walker.
She was telling me and my wife this week that they will give her no money for things other than lost wages and medical bills. According to her attorney, she is not able to sue the employer because it happened on the clock and that is what workers comp is for. From what I understand she will never be allowed to pick up anything heaver than 25 pounds for the rest of her life (prior to accident her job required her to be able to move 75lbs on a daily basis). Her headaches will never completely go away and she will deal with back pain till death.
Am I missing something? I was always under the impression that you could go after monetary damages for things like pain and suffering? I know it’s not car insurance but this accident was through no fault of her own another employee is the one who caused it.
She was telling me and my wife this week that they will give her no money for things other than lost wages and medical bills. According to her attorney, she is not able to sue the employer because it happened on the clock and that is what workers comp is for. From what I understand she will never be allowed to pick up anything heaver than 25 pounds for the rest of her life (prior to accident her job required her to be able to move 75lbs on a daily basis). Her headaches will never completely go away and she will deal with back pain till death.
Am I missing something? I was always under the impression that you could go after monetary damages for things like pain and suffering? I know it’s not car insurance but this accident was through no fault of her own another employee is the one who caused it.
This post was edited on 6/30/10 at 3:44 pm
4
Posted on 6/30/10 at 3:48 pm to DieSmilen
quote:
Am I missing something? I was always under the impression that you could go after monetary damages for things like pain and suffering?
Judging by all of the workers comp lawyers that advertise on TV during Judge Joe Brown, you would think so.
Posted on 6/30/10 at 3:51 pm to DieSmilen
My understanding is that pain and suffering are not recoverable in a WC case, the WC carrier will pay for medical treatment/testing and the injured worker will receive their scheduled benefits while they are not able to work. Now, in this case, it seems her future earning capacity and ability to perform similar or substantially the same job functions in the future are impaired (since she can no longer lift much) and there should be some indemity due to her for loss of earning capacity going forward. She may need to seek a "functional capacity exam" to have a professional determine the extent of her injury and its effect on what kind of work she'll be able to do (or not do) now and in the future. They are responsible for her being limited in this regard.
ETA: the attorney is correct in saying that she cannot sue employer because worker's comp is the exclusive tort remedy for worker's injured during the course and scope of their employment.
ETA: the attorney is correct in saying that she cannot sue employer because worker's comp is the exclusive tort remedy for worker's injured during the course and scope of their employment.
This post was edited on 6/30/10 at 3:54 pm
Posted on 6/30/10 at 3:52 pm to Martavius
I know :( , I am wondering if the information she is getting from her lawyer is right or if he is just tired of dealing with it.
Posted on 6/30/10 at 3:55 pm to DieSmilen
Tell her to go see some friends of mine at a law firm - name of the firm is Dewey, Cheatum, and Howe.
Posted on 6/30/10 at 8:30 pm to DieSmilen
Her claim is limited to 2/3 of her wages, capped at the maximum compensation rate (which gradually goes up each year), plus medical under the medical reimbursement schedule. For example, if she was making $100,000.00 per year, she would get the max comp. rate, which is a little over $500/wk. for length of time she is temporarily and totally disabled. If she is capable of doing light duty or other duty, then the maximum amount of time she can be on indemnity benefits is ten years. As a part of this ten years, she would qualify for supplemental earnings benefits provided she is not able to earn 90% of her pre-accident wages. There are no elements of recoverable damages like pain and suffering, loss of enjoyment of life, or other general damages in worker's comp.
Posted on 6/30/10 at 8:59 pm to DieSmilen
quote:
a bad accident
So no negligance?
quote:
Am I missing something? I was always under the impression that you could go after monetary damages for things like pain and suffering?
Why would she recieve pain and suffering? Either I'm missing something or she doesn't derserve any p&s.
Posted on 6/30/10 at 9:28 pm to TROLA
quote:
Either I'm missing something or she doesn't derserve any p&s.
You're missing something...Accidents, by definition, are the result of negligence. If the same accident had been non-work related, she would be entitled to recover compensation for her pain and suffering. The difference is that the law is different for a work related accident as opposed to a non work related accident.
Posted on 6/30/10 at 10:07 pm to edmush
quote:
Accidents, by definition, are the result of negligence
I get that but there was no assertion that anyone but herself was culpable.
quote:
If the same accident had been non-work related
It wasnt, we now this
quote:
The difference is that the law is different for a work related accident as opposed to a non work related accident
I know, thus the question regarding pain and suffering for what appears to be a self inflicted accident.
Posted on 6/30/10 at 10:41 pm to TROLA
quote:
for what appears to be a self inflicted accident.
TROLA, you missed the last part of the last sentence of the OP. He said another employee "caused the accident."
Posted on 6/30/10 at 10:57 pm to edmush
(Generally speaking) rules and caps on liability rarely apply, if negligence is proven.
Posted on 6/30/10 at 11:06 pm to Things and stuff
quote:
rules and caps on liability rarely apply, if negligence is proven.
Negligence does not need to be proven in worker's compensation, only an accident, and injury, and resulting disability.
Separately, if the state is proven negligent (road defect, design, construction), caps do apply. If a physician is negligent, a cap applies. Topics for another day...
Posted on 7/1/10 at 8:03 am to edmush
I will leave the company name out but this is what happend, through no fault of her own.
She works in the packing and handling of a company. Her and her supervisor loaded 8-12, 1,500 lbs can's of items into and 18 wheeler. The driver of the 18 wheeler, got into the cab and pulled away with both my mother in law and her supervisor in the back, witht he door wide open. The supervisor of was able to hug the interior wall of the truck and ended up with some cuts. My mother in law was at the end of the truck and got pushed out by the cans as they crashed into the ground. From what I understand there was no protical for the driver to check/secure/lock/visually inspect the rear door before he drove off.
Once again this was through no fault of her own.
She works in the packing and handling of a company. Her and her supervisor loaded 8-12, 1,500 lbs can's of items into and 18 wheeler. The driver of the 18 wheeler, got into the cab and pulled away with both my mother in law and her supervisor in the back, witht he door wide open. The supervisor of was able to hug the interior wall of the truck and ended up with some cuts. My mother in law was at the end of the truck and got pushed out by the cans as they crashed into the ground. From what I understand there was no protical for the driver to check/secure/lock/visually inspect the rear door before he drove off.
Once again this was through no fault of her own.
Posted on 7/1/10 at 8:54 am to DieSmilen
quote:
From what I understand she will never be allowed to pick up anything heaver than 25 pounds for the rest of her life (prior to accident her job required her to be able to move 75lbs on a daily basis).
she needs to go talk to another lawyer, one that specializes in workers comp. cases. This guy obviously doesn't, or doesn't think a second lawsuit would be worth his time.
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