Visitor Question

Compensation for on the job injury resulting in total disability?

Submitted By: Anonymous (USA)

I was injured on my job in January 2011. A forklift dropped a 1/4 ton concrete slab on me. I was left with permanent damage and I’m now totally disabled. I haven’t received any workmans comp payments either. I’m inquiring about two subjects:

1. Should they give me a lifetime open medical claim and some compensation long term?

2. What would be a fair amount for the pain and suffering and loss of quality of life for a 30yr old?

Please advise so that I won’t be taken advantage of. Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

It’s been about 8 months since you were injured. You should have been receiving compensation for a portion of your lost wages by now. Something is wrong.

To answer question number one we would need input from your physicians. Normally Workmans Compensation claims are not left “open”. There is usually a determination made of the cost of the medical treatment from the time of the injury and on into the future. Once that figure is determined the case will be settled for an amount close to that.

Your compensation will also include monthly payments of a percentage of your wages for the entire time you remain disabled, even if that time is permanent.

Question number two can be answered rather quickly. Workmans Compensation laws do not include compensation for Pain and Suffering. That preclusion is statutory. Allowing victims to recover compensation for pain and suffering would defeat the entire purpose the Workmans Compensation laws were established.

Your settlement may include some additional amount on top of your medical bills, but it won’t be very much.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 24, 2011

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