Need Sound Advice For Injured Husband
In November 2007 his foot was crushed on job, requiring surgery and plate insertion. Employer has been prompt & meticulous in WC compliance. His case worker was assigned, did interview, filed forms, etc. with an occasional follow-up during his estimated 9 months-1 year convalescence, explaining how the settlement negotiation stage would commence upon final medical evaluation and clearance. So far, so good, thus my husband opts not to consult an attorney citing acquaintances' experiences of initial favorable settlement offers being reduced once legal representation was obtained or the gain of a potentially more favorable settlement with representation not realized due to attorney's fees. In a nutshell, without a lawyer keep all of 75 cents vs. with a lawyer get a $1.00, pay 1/3 % fees= 66 cents net result. A logical arguement for not rocking the boat just yet.
Fast forward to six weeks after surgery, my husband was medically cleared for return to work with acknowledgement of reduced capacity although an "official" percentage has yet to be established. Despite assurances that his case worker will be meeting with his doctor promptly, no such meeting has occurred to our knowledge, thus case status is still open months later, which was fortunate, when my husband began experiencing symptoms indicative of plate rejection, which in a worst case scenario could cost him his leg. His physician was extremely reluctant to treat him since as far as he was concerned, once medically cleared for work, this was now unrelated to initial injury or WC claim.
Here's the real fly in the ointment. My husband's case worker was prior to his injury handling a claim for one of his co-workers. My husband was witness to that (very minor)accident, which the claimant has rode for all its worth, citing implausible and frivolous injury related disabilities, i.e. obesity and panic disorder resulting from being clipped on the shoulder by a block of styrofoam that fell from a 8 foot high scaffold. Legal disputation of these claims are being pursued by WC, keying on my husband's filed accident report.
It is within this quagmire, I fear a minefield of conflicting interests, especially upon the part of the case worker who I feel has leveraged WC to a more advantageous position by not pursuing my husband's claim as promptly as was given to believe, and the potentially negative impact an unfavorable decision for WC may harbor for my husband's future settlement. I am not comfortable with the thought that any additional injury related concerns may end up being a drop of water amid an ocean of bureaucratic red tape and contention.
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