Visitor Question

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

Submitted 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?

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 Linda,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: May 28, 2010

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