Question:
Question on workers comp for Cubicle Tunnel syndrome on both hands?
spekoli
2007-09-12 17:27:11 UTC
about 3 years ago a workers comp claim was made for me due to pain on both of my hands, arms, and elbows. I went through therapy and all other possible ways to help the pain. I just did surgery for one hand about 2 weeks ago, still somewhat painful but better i think. Recovery and operation on the other side still is needed, however since my position got outsourced last february, money has been tight, i received a few WC checks but they stopped coming in now. I'm not very good at this process and want to just protect myself for the past, present, and future. What would I be entitled to with this injury in regards to compensation, cannot work, financial burndens, etc etc? Would it be worth it to hire a lawyer? or would be chances of winning a setttlement or whatever be even possible? I'm just thinking of all possible scenarios cause I'm now getting nervous and frightened about the whole situation. Thank you for you time
Four answers:
ca_workcompadvice
2007-09-13 20:07:38 UTC
Generally speaking, you are entitled to temporary disability benefits while you cannot work from a work injury. This is ongoing until the doctor declares you have reached Maximum Medical Improvement. That means you've reached a point in your medical treatment where you've acheived full recovery, or you're not going to get better or worse and what is left is permanent disability. If you have perm disability left, that will be worth additional benefits. You should also have future medical care to control any flare-ups from this injury. in some instances, you may be entitled vocation retraining if your permanent disability prevents you from returning to your prior job.



In your scenario, it sounds like you are definitely not Max Med Imp (MMI). Since your employer closed up shop, I would think that the work comp adjuster is being unreasonable in cutting off your temp disability. I'm not positive because it depends on what State you're in. Regardless, virtually every work comp system is set up to give the injured worker the benefit of the doubt.



Call your adjuster to find out what is going on and feel free to ask them all your questions. Be sure to ask all the questions you need to ask so you can understand what is going on, especially the question about why you stopped getting temp disability checks.



Second source, check online to find out what state agency govern all work comp issues in your state and call them to find out what your rights are. You can double check what your adjuster told you with what this person tells you.



Last resort, consult with an attorney (or if this is too much for you, then this is probably your first resort). Do some research on this. Work comp attorneys get paid based on how much your permanent disability and future medical care gets settled for (in California it's 15%) no matter how much work they do to get to that point. There are some firms out there referred to as "mills". They just get injured workers in and out as soon as possible to get that payout. It makes their motives questionnable.



good luck. email me with any questions. use this user name @ yahoo as my email address.
friskyeyes34
2007-09-16 19:28:18 UTC
if this is a Workman's comp problem and they stop the checks then yes its time for a lawyer, i had the same problem but my checks didn't stop. i got a lawyer and i won my settlement. i proved that it was my jobs fault. plus it doesn't hurt to talk to a lawyer. also if it is work related then they are supposed to keep your job for you.so yea go talk to a lawyer and just see what he says.the first visit is free any way. but becareful on the surgery both of my hands are 40% disablity.
khusbu
2016-10-20 04:26:37 UTC
it is going to likely be coated yet while your coverage has it listed as a incapacity they won't and that they'll make you report incapacity. i'm in ny worked for united statesout of one of their New Jersey centers and while i become hit by way of a automobile at a client internet site I discovered the difficult way workers comp has diverse policies they pass by way of consistent with State, kind of harm and different factors. ny might have allowed me to verify any qualified neurosurgeon, yet New Jersey regulation allowed the coverage organization to deliver me to who they needed. looks each and every person of their selections become better than 40 miles from the place I lived, They made it as inconvenient as attainable. They did pay for the visits to their docs and my lost wages yet with the plan we had I had to apply 3 ill or trip days in the previous workers comp kicked in. in the experience that your activity and workers comp coverage human beings initiate giving you a tough time and the run around get a attorney. i'm on incapacity now and that's a gradual dying. i might somewhat be working with soreness than sitting at living house.
c w
2007-09-12 17:40:00 UTC
okay, was your surgery paid for by workcomp? then they will need to provide you with the physical therapy that you need for your carpal tunnel, since both hands are messed up and if you are not getting disability then you need to get a lawyer, I work in a PT office and believe me, get your stuf together and go to a lawyer, you deserve to be compensated for what you went through, hope this helps!!


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