Rating for knee and shoulder?

by D
(Temecula, CA, USA)

I just found out that someone at work is pursuing a workers' comp case for his shoulder by using the word "repetitive." Four years ago I had major shoulder surgery because of the same repetitive situation, but refused to consider it as work related. I see this as preferential treatment and discrimination.

In 2012 I tore my knee apart because of material failure. I did not report it at the time it happened, but did mention it to my supervisor. He did not document it until I wrote it in an email. I was written up and told that it would be difficult to prove that it happened at work. I was fortunate to have an eye witness to the event. Even then I was denied help until I threatened to take action.

I had knee surgery as a workers' comp case, and just yesterday the doctor will rate me. I can bend now or run for exercise as I did before the accident. I do not believe the company will offer much for my knee or shoulder.

Do I have recourse as I near the end of my career with the company, being an employee for 34 years? Is there any way to pursue compensation for this, especially if I'm found to have permanent impairment? Thank you.

Visitor Question:
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ANSWER for "Rating for knee and shoulder?":

D (Temecula, CA, USA):

In your case, recourse for your work-related injury will be directly linked to your doctor's rating. Depending upon that rating, you may have the option of a partial or permanent impairment disability settlement. Your closeness to retirement should not directly affect the amount of compensation you receive.

In the event you don't receive a partial or permanent disability rating, your compensation will be limited to your medical and chiropractic bills, lost wages, amount of out-of-pocket expenses (for prescription and over the counter medications, crutches, costs of transportation to and from treatment, etc.), and similar costs directly related to your treatment.

Your statement seems to suggest you are considering a separate injury claim against your employer. Under the facts you present, you do not have the basis of such a claim. Your best bet would be to wait until you receive your rating and go from there - one step at a time.

If you aren't satisfied with the compensation offered by the insurance company, you can consider seeking the advice and counsel of an experienced workers' compensation attorney.

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

Best of luck,

Judge Calisi

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TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION