Workers comp. lawsuit question?
my fiance developed a repetitive stress injury due to the work requirements of her job. Went to an orthopedic doctor and received treatment (surgery to her left arm) After being released to full duty by her doctor she worked around 2 weeks doing the same job as before which involves a heavy load of typing (around 6 hours straight per day with breaks in between) and noticed that her arm was acting the exact same as before and scheduled a follow up with her doctor who informed her that she would have a permanent physical impairment forever and stated in the work release "no typing - permanently" at which point her job put her back on leave and has started talking about termination of her job which she can no longer perform. now my question to the people who have been in this kind of situation before is what kind of settlement should she expect out of this situation or is it impossible to give a ballpark figure? We live in TN for those that know the laws (which i dont lol)
Answers:
If you don't know the laws, you need a lawyer not a quick answer from Y!A.
Workers comp settlements tend to include a pension for disability. However, if she is otherwise healthy, it would also incude vocational rehab to make her qualified for other jobs. In such cases, the pension and medical benefits are temporary and will stop after some period when she can find a more suitable job. sometimes, the worker is offered a lump sum instead of disability payments.
The workers comp laws are pretty much the same around the nation. The problem is most Americans have no idea how unjust they are until they or a family member has been injured. It can be difficult getting good representation and for the most part it's useless. My wife was burned on 30% of her body after a deep fryer turned over. She was in the burn unit for over a month and had several skin grafts. She will be scared for life. Burned from head to toe. The employer unlawfully installed it and in spite of several warnings from different employees did nothing to secure it. My wife wasn't even using it and was 6ft away when it overturned on it's own. She was permanently injured. Four years later she is still dealing with Labor & Industries who wants to retrain her. It will never go anywhere. She can't sue the employer because as in most states the employer has immunity. The state refused to prosecute for criminal negligence and as a matter of fact there are probably less than a dozen prosecutions over a number of years nation wide. Good luck. My wife gets $252 every two weeks. She was looking for full time work when she was hired part time and her hours were increasing. She was supposed to be full time about two weeks later than the date she was injured, but since she was part time at the time of the injury she is stuck with part time compensation. Forever. Of course she's injured full time but like I said she's stuck with part time compensation. It's unconstitutional, un-american and unjust, but it's the law as the courts see it. Good luck.
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