In November 2008, I was doing my job at a warehouse store distribution center. I was labeling product when another employee on an EPJ (electric pallet jack), ran into the pallets and my right foot was caught between the two stacks of pallets.
I have since had three surgeries on my foot, trying to correct the injury, I have been receiving Worker’s Compensation payments for about 14 months. I am hoping that next week when I go to the surgeon for my post op visit that I will be released to go back to work.
I still have pain and problems with my foot. I can’t wear a shoe for an extended length of time. How do I know what to expect as a settlement from the warehouse / worker’s comp?
I am 46 yrs old, I was fired from the job, I am in great health otherwise. My Orthopedic Surgeon has told me I have a permanent disability. I don’t have any clue where to begin, in figuring what is fair in a settlement. Any suggestions or advice would be much appreciated. Thanks.
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 Dee,
Serious foot injuries can be debilitating. Your former employer should not have terminated your employment for being unable to work as a direct result of a legitimate work related injury. Estimating the amount of your Workers Compensation Settlement depends on several factors, and suggesting an amount without better knowledge of the facts is impossible.
From the facts you present it would appear you have legitimate medical support to pursue a Disability Claim. Working your way through a morass of technical and legal requirements for a Workers Compensation Claim and Disability Claim can be overwhelming for those untrained in the specific requirements of the related regulations and laws.
There are those times when hiring an attorney is not absolutely necessary in the pursuit of one’s Personal Injury or Workers Compensation claim. There are those times though when it is altogether appropriate to seek the advice of a qualified Personal Injury or Workman’s Compensation Attorney. This is one of those times.
Most qualified Attorneys will not charge any fee to sit down and review your case with you. The combination and “overlap” of Workers Compensation and Disability issues requires professional advice.
Learn more here: Injured by Coworker
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 888-972-0892.
We wish you the best with your claim,
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This is to all… you are better off paying a good attorney anytime time it is a workmans comp case.
I am just the Average Joe that had to learn the hard way. The third you give to the attorney as a fee is well earned and you may recieve more at the end… better 2/3rds then nothing.