Hurt at work need advice.

[JNort]

2 and a half months ago I got hurt at work and have recently returned back from injury. I have had several people ask me what I am getting as a settlement. I am new to this type of thing and work for a large company and not sure what I am supposed to do to get a settlement if one is indeed possible. Who do I contact? How long is the process? Would suing be a better course? I did get workers comp while I was out to pay for doctors, rehab, medicine, hospital fees, and full pay. Not sure if it matters but I'm in my 20s and have had no prior work incidents.

The facts: I had literally no use of both hands for 2 months. One was broken and another had to have major surgery because it was a quarter inch away from being cut off completely. The case has been deemed a mechanical failure and not operator error.

The ambulance that arrived took twice as long as normal due to a failure of the emergency line used at the facility and security could not find a key to open the gate to allow entry for the ambulance.

Last of all when the machine got started back into operation 4 weeks after the incident it failed again for lack of proper maintenance (loose nut).

These machines are a known hazard and were due to be removed next year.

[JNort]

Also might be worth noting that unknown it only my first week back but the machine makes me really nervous when I'm near it now. They installed a safety feature that will prevent it from happening again but the thoughts are still lingering.

[OldPhiKap]

You may need to talk to a good local attorney (not a tv advertising one) to look into it. Worker's comp may limit what you can do, but he or she could tell you the specifics. There are time bars that may apply as well, so I would do it as soon as possible if you are serious about pursuing something.

Good luck with your recovery.

[OZZIE4DUKE]

You may need to talk to a good local attorney (not a tv advertising one) to look into it. Worker's comp may limit what you can do, but he or she could tell you the specifics. There are time bars that may apply as well, so I would do it as soon as possible if you are serious about pursuing something.

Good luck with your recovery.

Call James Scott Ferrin at the Hurt Line. You'll find him in Cameron for tonight's game, sitting next to Carlos. Seriously, call them/him. His office overlooks the DBAP.

[Jim3k]

If you live in Albemarle, you may prefer a lawyer whose office is close by. I suggest any good personal injury lawyer in the Charlotte area would serve you well. The Mecklenburg County Bar lawyer referral service is a good place to start.

[DevilWearsPrada]

Also might be worth noting that unknown it only my first week back but the machine makes me really nervous when I'm near it now. They installed a safety feature that will prevent it from happening again but the thoughts are still lingering.

I hope you are on the mend. Get a good attorney referral. You could have long term loss of use with your hands. Get well and good to hear you are better.

[Matches]

I'm assuming your work is in NC based on your location.

If you have now returned to work for your same employer and have been released from care, it is likely that your employer will approach you about paying your permanent impairment rating, if there is one. When your doc released you he should have given you a rating, usually set forth as a percentage (i.e. 10% to the back). That rating entitles you to an amount of money that is set by statute, and is dependent in part on your weekly compensation rate (the weekly amount you got while you were out of work).

You are entitled to a second opinion on your rating from a doctor of your choice, at the employer (and their carrier's) expense. When/ if you get the 2nd opinion, usually you average it with your primary doc's rating and it is paid pursuant to an Industrial Commission Form 26A. You then have two years within which you can claim additional medical compensation, if it turns out that you need additional treatment. It's unlikely your employer will want to enter into a full settlement with you if you still work for them, although it's not unheard of. A full settlement would pay you some amount to close out your medicals as well.

Your employer should have filed a Form 19 with the IC when you got hurt. You can file a Form 18 if you choose, but if they've paid the claim voluntarily there's not a lot of reason for you to bother.

Let me know if you have questions. I am a workers comp atty and do not mind dropping some advice. BTW if you do decide to get counsel, James Scott Farrin is fine but probably not convenient for you geographically.

[Jim3k]

I'm assuming your work is in NC based on your location.

If you have now returned to work for your same employer and have been released from care, it is likely that your employer will approach you about paying your permanent impairment rating, if there is one. When your doc released you he should have given you a rating, usually set forth as a percentage (i.e. 10% to the back). That rating entitles you to an amount of money that is set by statute, and is dependent in part on your weekly compensation rate (the weekly amount you got while you were out of work).

You are entitled to a second opinion on your rating from a doctor of your choice, at the employer (and their carrier's) expense. When/ if you get the 2nd opinion, usually you average it with your primary doc's rating and it is paid pursuant to an Industrial Commission Form 26A. You then have two years within which you can claim additional medical compensation, if it turns out that you need additional treatment. It's unlikely your employer will want to enter into a full settlement with you if you still work for them, although it's not unheard of. A full settlement would pay you some amount to close out your medicals as well.

Your employer should have filed a Form 19 with the IC when you got hurt. You can file a Form 18 if you choose, but if they've paid the claim voluntarily there's not a lot of reason for you to bother.

Let me know if you have questions. I am a workers comp atty and do not mind dropping some advice. BTW if you do decide to get counsel, James Scott Farrin is fine but probably not convenient for you geographically.

I think you need to add that that there may be third-party liability here. This is on top of any WC award(s). This should be discussed with the PI attorney and carefully explored.