Workers Compensation Slip and Fall Case, Are They Offering Enough?

by Linda
(Parksville, BC, Canada)

My husband slipped and fell on his job site. He broke his leg and ankle and got pins in it. Eight months later after workers comp evaluated his injury they assessed that he is disabled and is to be reimbursed 11% of his earnings until he reaches 65 years of age.

But the wage cap that they based it on means my husband is getting just over 1% of his current earnings. My husband's ankle is always swollen and I think that because they offered so fast that he is getting screwed. What can I do?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Workers Compensation Slip and Fall Case, Are They Offering Enough?":

Worker's compensation cases can appear very one-sided because you are at the mercy of your employer, an adjuster who seems to work on their behalf, and a doctor hired by the worker's compensation carrier.

If you do not agree with disability assessment of 11%, you are entitled to fight it. Request an IME (Independent Medical Examination) to get a "second" opinion, if you will. Forcing the worker's compensation doctor to be accountable can occur when faced with another medical assessment.

Now it is possible that your IME will come to the same conclusion, however it is always a good idea to feel that someone is working on your behalf. An experienced worker's compensation attorney will be able to direct you to qualified medical professionals in your area as well as making sure that you are getting a fair deal.

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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