I was injured on my job and tore my right bicep nearly 5 years ago. The company’s insurance company covered my hospital and doctor bills at the time. A coworker recently informed me that I am also entitled to a cash settlement, as I lost 10 to 15 percent of the use of my right arm. I never claimed this permanent loss of use.
What do you think? Can I get a lump sum payment for the partial loss of use of my arm? 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.
You are at a severe disadvantage. It is likely you signed a release when your workers’ compensation claim ended. If so, you would not have a claim for disability benefits. In the unlikely event your claim is still open, you will still have an uphill battle.
Go back and look at all the documents related to your claim. Find the claim number and telephone number of the insurance company. Contact the insurance claims adjuster who worked your claim and see if the claim may still be open.
If so, review all your medical records starting with the primary treating physician and medical narratives from any other doctors who treated you. See if any of the records indicate you sustained a disability as a direct result of the work injury. If so, ask the adjuster why your weren’t compensated for your disability.
Learn more here: Worker Partial Disability Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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