Visitor Question

Settlement for Plantar Fasciitis Injury While Working as a Home Health Aide?

Submitted By: Lisa (Camden County, NJ)

I’m a certified home health aide and I was injured on the job. I was working with a hospice patient and was lifting her out of a shower chair after showering. She started falling onto me because she wasn’t able to hold her own weight. At that point I realized that I was going backwards and felt the heels of my feet sinking into my shoes.

As a result of this incident I ended up with plantar fasciitis in both of my feet. My right foot is pretty much well enough for me to walk on but my left foot was ruptured in a few places in the fascia. They had to operate and now I’m recovering. The doctor said that it would be a minimum of 3 months before I walk.

I do have a lawyer and of course will file a lawsuit. My employer would not have taken care of me at all and just wanted to ignore this injury. So I’m just wondering how much would I be entitled to in a settlement? Thanks for any information you can give.

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 Lisa,

It’s our policy not to interfere with the attorney-client relationship. To do so would be wholly inappropriate. But we can give some generic information…

Generally speaking, there are a couple of issues to consider in cases like yours. When a person is injured on the job and the employer carries workers compensation insurance, the injured person will be compensated by the workers comp insurance policy. Your facts fail to mention whether your employer carried workers compensation insurance or not.

If your employer carried workers comp at the time of your injury, your settlement will include reimbursement for doctors bills, out of pocket expenses for medications, crutches, etc., and lost wages. Unfortunately, workers compensation insurance does not cover pain and suffering, also known as mental anguish or emotional distress.

In the alternative, if your employer didn’t carry workers compensation insurance, they or their company will be liable for all of the above damages, including pain and suffering.

Speak with your attorney. She has all the facts, including the costs of your medical bills, etc. in front of her. Surely she will be able to give you a much better estimate of your settlement than we can.

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: April 13, 2013

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