Derby Trail Forums

Go Back   Derby Trail Forums > Esoteric Central
Register FAQ Members List Calendar Today's Posts

Reply
 
Thread Tools Display Modes
  #1  
Old 02-14-2009, 08:21 AM
AeWingnut's Avatar
AeWingnut AeWingnut is offline
Atlantic City Race Course
 
Join Date: Jul 2006
Location: Suddenly
Posts: 4,828
Default

don't sign any papers before you get a lawyer. they won't want to pay squat.

it's hell getting old
__________________
ΜΟΛΩΝ ΛΑΒΕ
Reply With Quote
  #2  
Old 02-14-2009, 08:22 AM
Danzig Danzig is offline
Dee Tee Stables
 
Join Date: May 2006
Location: The Natural State
Posts: 29,942
Default

if everything gets handled, i don't know that you can sue.
__________________
Books serve to show a man that those original thoughts of his aren't very new at all.
Abraham Lincoln
Reply With Quote
  #3  
Old 02-14-2009, 10:23 AM
paisjpq's Avatar
paisjpq paisjpq is offline
top predator.
 
Join Date: May 2006
Posts: 5,020
Default

My mother has had both of her rotator cuffs surgically repaired after 2 seperate injuries. The recovery was hell and took a long time. But without it she couldn't really use her arms.
__________________
Seek respect, not attention.
Reply With Quote
  #4  
Old 02-17-2009, 09:29 AM
philcski's Avatar
philcski philcski is offline
Goodwood
 
Join Date: Jun 2006
Location: Mission Viejo, CA
Posts: 8,872
Default

Quote:
Originally Posted by paisjpq
My mother has had both of her rotator cuffs surgically repaired after 2 seperate injuries. The recovery was hell and took a long time. But without it she couldn't really use her arms.
I'm trying desperately to avoid surgery for that reason. 9 days later i've got about 15% function back in the directions that were torn through basic physical therapy. Will find out in a week or so whether I need to get surgery or not.
__________________
please use generalizations and non-truths when arguing your side, thank you
Reply With Quote
  #5  
Old 02-14-2009, 10:53 AM
AeWingnut's Avatar
AeWingnut AeWingnut is offline
Atlantic City Race Course
 
Join Date: Jul 2006
Location: Suddenly
Posts: 4,828
Default

Quote:
Originally Posted by Danzig
if everything gets handled, i don't know that you can sue.
not everyone does
__________________
ΜΟΛΩΝ ΛΑΒΕ
Reply With Quote
  #6  
Old 02-14-2009, 11:59 AM
pgiaco's Avatar
pgiaco pgiaco is offline
Woodbine
 
Join Date: Sep 2006
Location: Brewster, NY
Posts: 1,028
Default

Surgery and rehab is painful, but the recovery of function is pretty remarkable. If you are as limited in function as you say I don't know where there are any other options. Also, make sure your orthopedic surgeon does a lo of shoulders and ask your anesthesiologist about a nerve block for the surgery and post op pain relief. A single shot nerve block will give you up to 24 hours of pain relief post op. The first day is by far the worst. Good luck and get better soon.
__________________
You have a million dollar set of legs and a five cent fart for a brain.-Herb Brooks
Reply With Quote
  #7  
Old 02-14-2009, 01:11 PM
timmgirvan's Avatar
timmgirvan timmgirvan is offline
Havre de Grace
 
Join Date: May 2006
Location: Powder Springs Ga
Posts: 5,780
Default

Quote:
Originally Posted by Danzig
if everything gets handled, i don't know that you can sue.
If you don't have a lawyer, then you're going to the gunfight unarmed!!
WC isn't a benevolent entity...they'll pay you bare bones(unless somebody is watching) and they won't pay for distress etc etc. You'll have to sue your company within a year(KEY) or you'll have no recourse,period! Been there done that! good luck on the surgeries! been there done that too!
Reply With Quote
  #8  
Old 02-14-2009, 01:22 PM
Danzig Danzig is offline
Dee Tee Stables
 
Join Date: May 2006
Location: The Natural State
Posts: 29,942
Default

If I Am Hurt at Work, Can I Also Sue My Employer in Court?

Generally, no. By receiving workers' compensation benefits, you give up the right to sue your employer in court, no matter who was at fault.

But if your injury was caused by the negligence of someone other than your employer, such as a visitor or outside contractor, you may be able to file a personal injury lawsuit against that company for your pain and suffering.

What Workers' Compensation Benefits Am I Entitled To?

You are entitled to receive reasonable and necessary medical treatment, wage loss benefits, and benefits for injuries that cause permanent disabilities, such as amputations, the loss of use of parts of your body, and disfigurement (scars). Generally, injured workers receive two-thirds of their average wages, up to a fixed ceiling, as long as they are out of work at least 7 days. In addition, if a worker dies as the result of a work injury, his family and dependents may be entitled to death benefits and burial expenses. We regularly represent the families of workers who have died as a result of work-related injuries.


i wouldn't contact a lawyer unless i was having trouble with filing a claim....or if the claim was denied.
of course, a lawyer will tell you to get a lawyer.


now, i do believe you can sue YOUR employer if they are negligent, dangerous or unsafe work conditions, etc. for example, if the steps you were on were unsafe and they refused to fix them, that's negligence and you could sue. but, if the company did everything right, and you simply slipped, i don't think you can sue as it wasn't negligence on your employers part that made you slip...
__________________
Books serve to show a man that those original thoughts of his aren't very new at all.
Abraham Lincoln
Reply With Quote
  #9  
Old 02-14-2009, 01:29 PM
timmgirvan's Avatar
timmgirvan timmgirvan is offline
Havre de Grace
 
Join Date: May 2006
Location: Powder Springs Ga
Posts: 5,780
Default

Quote:
Originally Posted by Danzig
If I Am Hurt at Work, Can I Also Sue My Employer in Court?

Generally, no. By receiving workers' compensation benefits, you give up the right to sue your employer in court, no matter who was at fault.

But if your injury was caused by the negligence of someone other than your employer, such as a visitor or outside contractor, you may be able to file a personal injury lawsuit against that company for your pain and suffering.

What Workers' Compensation Benefits Am I Entitled To?

You are entitled to receive reasonable and necessary medical treatment, wage loss benefits, and benefits for injuries that cause permanent disabilities, such as amputations, the loss of use of parts of your body, and disfigurement (scars). Generally, injured workers receive two-thirds of their average wages, up to a fixed ceiling, as long as they are out of work at least 7 days. In addition, if a worker dies as the result of a work injury, his family and dependents may be entitled to death benefits and burial expenses. We regularly represent the families of workers who have died as a result of work-related injuries.


i wouldn't contact a lawyer unless i was having trouble with filing a claim....or if the claim was denied.
of course, a lawyer will tell you to get a lawyer.
The various states may have different laws...I know Arnold gutted the system
when I was on WC...but I could have gone to court for the damages due to Companys negligence. But,IMO, it is foolish to expect benevolent treatment from a state agency(hence a lawyer)
Reply With Quote
  #10  
Old 02-14-2009, 01:31 PM
Danzig Danzig is offline
Dee Tee Stables
 
Join Date: May 2006
Location: The Natural State
Posts: 29,942
Default

there are some differences no doubt depending on what state you're in. but to hire a lawyer if there is no negligence imo would be a waste of money to pay the lawyer. if the company he worked for had everything right, then i don't think he has the ability to sue-and that would make having a lawyer a waste.

like i said, if WC pays out like they're supposed to, i wouldn't take it further.
__________________
Books serve to show a man that those original thoughts of his aren't very new at all.
Abraham Lincoln
Reply With Quote
  #11  
Old 02-14-2009, 02:02 PM
timmgirvan's Avatar
timmgirvan timmgirvan is offline
Havre de Grace
 
Join Date: May 2006
Location: Powder Springs Ga
Posts: 5,780
Default

Quote:
Originally Posted by Danzig
there are some differences no doubt depending on what state you're in. but to hire a lawyer if there is no negligence imo would be a waste of money to pay the lawyer. if the company he worked for had everything right, then i don't think he has the ability to sue-and that would make having a lawyer a waste.

like i said, if WC pays out like they're supposed to, i wouldn't take it further.
You don't know what you don't know.....a consultation isn't gonna do much damage. There's many things involved in WC...like retraining, education benefits and such....I know from experience about timely deadlines, missed opportunities.
Reply With Quote
Reply



Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump


All times are GMT -5. The time now is 10:25 PM.


Powered by vBulletin® Version 3.6.8
Copyright ©2000 - 2025, Jelsoft Enterprises Ltd.