Workers’ Comp is Fighting My Injury Claim
Back Injury,Catastrophic Injury,Construction Accident,FAQ,Personal Injury,Work Injury,Workers' Compensation - August 26, 2015 by Horwitz, Horwitz & Associates
Question:
On June 24th I was carrying a 4×8 sheet of plywood on the 8th floor roof when the wind caught the plywood and spun me around, twisting my back and bringing me to my knees. On June 25th I went to the doctor and found out that I tore the lat muscles on the right side. I was given mucsle relaxers and sent back to work on light duty.
On July 2nd I went to the emergency room with severe pain on the right side and trouble breathing. I was given antibiotics and sent back to work. On July 4th i was admitted with 3/4 th of my right lung collapsed with fluid. I underwent an emergency chest drain which only drained blood from the pleural space.
On July 10th I underwent a thorocotomie with decortication of the right lung due to a empyema. Due to the extent of the surgery, I ended up on a ventilator for two and a half days. The doctor was even surprised that I pulled through.
I have permanent lung damage, losing approximately 10 perent of the right lung. During the time from the 4th to the 10th I was being treated for pneumonia even though the fluid from the chest drain did not culture any bacteria.
Because of the initial diagnosis workmans comp is fighting the claim. I have received nothing from Comp as of yet and I am still off of work. I am a union laborer form local #6.
–Scott, Antioch, IL
On July 2nd I went to the emergency room with severe pain on the right side and trouble breathing. I was given antibiotics and sent back to work. On July 4th i was admitted with 3/4 th of my right lung collapsed with fluid. I underwent an emergency chest drain which only drained blood from the pleural space.
On July 10th I underwent a thorocotomie with decortication of the right lung due to a empyema. Due to the extent of the surgery, I ended up on a ventilator for two and a half days. The doctor was even surprised that I pulled through.
I have permanent lung damage, losing approximately 10 perent of the right lung. During the time from the 4th to the 10th I was being treated for pneumonia even though the fluid from the chest drain did not culture any bacteria.
Because of the initial diagnosis workmans comp is fighting the claim. I have received nothing from Comp as of yet and I am still off of work. I am a union laborer form local #6.
–Scott, Antioch, IL
Answer:
You were injured at work. You have a WC case. Any injuries that are caused by the treatment for that original injury also belong to the WC case and are compensable.
There is a question also as to whether you have a third party case. We know that laborers commonly carry 4 x 8 sheets of plywood. Depending on its thickness, there is a question regarding whether two people or one person should be carrying it. There is a question as to why the general contractor permitted one person to carry it. There is a question regarding the high winds and if the general contractor should have regulated the work in connection with the high winds. On our Web site, Ken Teague, had a similar case. Its interesting reading.
As to the failure of WC to start up your benefits, a 19b motion should be filed if they won’t start it up. I strongly suggest you obtain an attorney to fight for you. There is no way the system is set up to allow a victim like yourself to compete against the defendant’s trained workers compensation attorneys.
Please, for your sake, do not give any statements until you have legal counsel. Retain an attorney immediately, for your sake. The fees are contingent upon a successful outcome, so you can only win. This case will require a medical expert fight.
If you wish us to protect you here, call us or give us your number and we’ll contact you.
Either way, Good luck.
There is a question also as to whether you have a third party case. We know that laborers commonly carry 4 x 8 sheets of plywood. Depending on its thickness, there is a question regarding whether two people or one person should be carrying it. There is a question as to why the general contractor permitted one person to carry it. There is a question regarding the high winds and if the general contractor should have regulated the work in connection with the high winds. On our Web site, Ken Teague, had a similar case. Its interesting reading.
As to the failure of WC to start up your benefits, a 19b motion should be filed if they won’t start it up. I strongly suggest you obtain an attorney to fight for you. There is no way the system is set up to allow a victim like yourself to compete against the defendant’s trained workers compensation attorneys.
Please, for your sake, do not give any statements until you have legal counsel. Retain an attorney immediately, for your sake. The fees are contingent upon a successful outcome, so you can only win. This case will require a medical expert fight.
If you wish us to protect you here, call us or give us your number and we’ll contact you.
Either way, Good luck.
