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Wife injured at work , should she get a attorney?
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05-19-2022, 12:47 PM
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#1
- ujelly
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- ujelly
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Wife injured at work , should she get a attorney?
My wife's a nurse and got injured at work about 8 months ago. she messed up her neck pretty bad and it seems like it's going to be permanent. She has pain all the time. Work is trying to send her to physical therapy and now telling her she probably wont get better and can't perform her regular job any more and needs to find a new job that fits her limitations. Does this sound legit ? A friend recommended we get a attorney but we are not sure if that's the right thing to do. What do misc?
05-19-2022, 12:49 PM
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#2
- Techriding101
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Yes if she was injured while on the job, and that injury makes it hard for her to continue to do that job, you should contact an attorney to see what options you have in your state.
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05-19-2022, 12:51 PM
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#3
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If you take legal action against the company, she will not be permitted back at work. They will place her on admin leave or could even terminate her.
What kind of compensation did she get? Are you and her satisfied with it? If not, go all in. If so, just cooperate with them.
What kind of compensation did she get? Are you and her satisfied with it? If not, go all in. If so, just cooperate with them.
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05-19-2022, 12:51 PM
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#4
05-19-2022, 12:58 PM
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#5
- Robmnrd
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- Robmnrd
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Was she using any/all equipment and personnel available to her to safely perform the task?
If the answer to that is "no" then there is literally zero chance of you having a case.
My assumption is that this isn't a "There was a waterpipe that wasn't inspected properly and it blew, causing her to slip and hurt her neck" situation which would mean negligence on the part of the building owner/operator (her employer, etc.). If that were the case, you wouldn't even be asking us because those situations are how people sue for stupid amounts of money that they don't actually deserve all the time.
Which means she probably hurt her neck doing part of her regular routine duties (moving/cleaning/transferring a patient, moving equipment within her job description weight limit, etc.) in which case the only way you have a case is if her situation was caused by an unsafe work environment (including dreadfully understaffed, underequipped, and broken/nonusable equipment) which was made known to her supervising management.
Unfortunately "This job is physical and patients are fat fukks nowadays" isn't gonna get ya'll anything. Sucks, but it's reality.
Feel free to provide more information on the situation though, if you'd like additional thoughts/opinions.
If the answer to that is "no" then there is literally zero chance of you having a case.
My assumption is that this isn't a "There was a waterpipe that wasn't inspected properly and it blew, causing her to slip and hurt her neck" situation which would mean negligence on the part of the building owner/operator (her employer, etc.). If that were the case, you wouldn't even be asking us because those situations are how people sue for stupid amounts of money that they don't actually deserve all the time.
Which means she probably hurt her neck doing part of her regular routine duties (moving/cleaning/transferring a patient, moving equipment within her job description weight limit, etc.) in which case the only way you have a case is if her situation was caused by an unsafe work environment (including dreadfully understaffed, underequipped, and broken/nonusable equipment) which was made known to her supervising management.
Unfortunately "This job is physical and patients are fat fukks nowadays" isn't gonna get ya'll anything. Sucks, but it's reality.
Feel free to provide more information on the situation though, if you'd like additional thoughts/opinions.
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05-19-2022, 01:20 PM
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#6
- ujelly
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Originally Posted By Robmnrd⏩
She was doing something with a overweight pregnant lady. Baby was half way out . She had to be in a position to help the baby for like 30 min. It messed her disks up and now has permanent damage which causes her pain everyday and effects our marriage becasue at night she's in pains which affects our love life. Been married almost 20 years. Simple chores around the house are painful for her.Was she using any/all equipment and personnel available to her to safely perform the task?
If the answer to that is "no" then there is literally zero chance of you having a case.
My assumption is that this isn't a "There was a waterpipe that wasn't inspected properly and it blew, causing her to slip and hurt her neck" situation which would mean negligence on the part of the building owner/operator (her employer, etc.). If that were the case, you wouldn't even be asking us because those situations are how people sue for stupid amounts of money that they don't actually deserve all the time.
Which means she probably hurt her neck doing part of her regular routine duties (moving/cleaning/transferring a patient, moving equipment within her job description weight limit, etc.) in which case the only way you have a case is if her situation was caused by an unsafe work environment (including dreadfully understaffed, underequipped, and broken/nonusable equipment) which was made known to her supervising management.
Unfortunately "This job is physical and patients are fat fukks nowadays" isn't gonna get ya'll anything. Sucks, but it's reality.
Feel free to provide more information on the situation though, if you'd like additional thoughts/opinions.
If the answer to that is "no" then there is literally zero chance of you having a case.
My assumption is that this isn't a "There was a waterpipe that wasn't inspected properly and it blew, causing her to slip and hurt her neck" situation which would mean negligence on the part of the building owner/operator (her employer, etc.). If that were the case, you wouldn't even be asking us because those situations are how people sue for stupid amounts of money that they don't actually deserve all the time.
Which means she probably hurt her neck doing part of her regular routine duties (moving/cleaning/transferring a patient, moving equipment within her job description weight limit, etc.) in which case the only way you have a case is if her situation was caused by an unsafe work environment (including dreadfully understaffed, underequipped, and broken/nonusable equipment) which was made known to her supervising management.
Unfortunately "This job is physical and patients are fat fukks nowadays" isn't gonna get ya'll anything. Sucks, but it's reality.
Feel free to provide more information on the situation though, if you'd like additional thoughts/opinions.
05-19-2022, 01:22 PM
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#7
- TBO1313
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I used to be a worker's comp adjuster and yes she should get an attorney. In most states you choose your doctor and it sounds like that isn't what's happening. Was her injury documented at the time it happened?
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05-19-2022, 01:23 PM
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#8
- ujelly
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The baby was getting strangled by the vag. Lady was on her hands and knees. She had to flip the lady into that position then be awkard for a while attending to the baby . Short staffed? Don't know. I don't know their policy. All I know is she's miserable all day. We live in socal and have 3 kids. She can't do **** with the kids anymore.
05-19-2022, 01:31 PM
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#9
- Robmnrd
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Originally Posted By TBO1313⏩
Listen to this guy, too. You may have "options" in the sense of improving her care she is receiving related to the injury (which may improve her outcome).I used to be a worker's comp adjuster and yes she should get an attorney. In most states you choose your doctor and it sounds like that isn't what's happening. Was her injury documented at the time it happened?
But I honestly don't think (without *a lot* more detail) you'll have an "option" that is basically just lawyer up and go after them.
Not saying that is your intention btw.
And it sounds like your wife was doing the right thing for the mom/baby, so this sucks even more bruh.
I'll keep an eye on this thread, sorry for the situation, sucks a ton my man.
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05-19-2022, 01:44 PM
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#10
05-19-2022, 02:13 PM
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#11
- ujelly
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It's been about 8 months now. She is not happy with her doctor the slightest. We dont know how any of this works. We though she was just gonna have to find a office job that fits her weight lifting limits now. A work friend called her up yesterday just to check on her and asked if she had a attorney and she said no, why would i ? They friend told her, her work is eventually going to reach a settlement with her . We both had no idea that was coming or even a option . The friend recommended getting a attorney. We never even thought of it because we thought she was going to get better. Now that it seems like it's going to be life long we need to start getting some advice on what to do.
05-19-2022, 02:32 PM
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#12
- ujelly
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So I just asked my wife a few more details. Tell me what you guys think. Her biggest complaints are ,
She feels she gut hurt becasue she was holding something on the baby while the doctor was training a student , making the process longer and harder. The doctor could have chosen to attach something to the baby but becasue he was training someone he wanted my wife to hold it on the baby.
She asked for a different doctor over the phone and was told no.
Last , she got a referral in December for a neck specialist and no one contacted her until June.
She feels she gut hurt becasue she was holding something on the baby while the doctor was training a student , making the process longer and harder. The doctor could have chosen to attach something to the baby but becasue he was training someone he wanted my wife to hold it on the baby.
She asked for a different doctor over the phone and was told no.
Last , she got a referral in December for a neck specialist and no one contacted her until June.
05-19-2022, 02:34 PM
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#13
05-19-2022, 03:35 PM
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#14
05-19-2022, 03:37 PM
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#15
05-19-2022, 03:41 PM
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#16
- crupiea
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She could but keep in mind they are expensive.
Even if she wins some sort of settlement it will be years before she sees a penny and even then, the attorney will take most of it.
Even if she wins some sort of settlement it will be years before she sees a penny and even then, the attorney will take most of it.
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05-19-2022, 04:04 PM
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#17
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Originally Posted By crupiea⏩
So then what does she do ? LolShe could but keep in mind they are expensive.
Even if she wins some sort of settlement it will be years before she sees a penny and even then, the attorney will take most of it.
Even if she wins some sort of settlement it will be years before she sees a penny and even then, the attorney will take most of it.
05-19-2022, 07:40 PM
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#18
05-19-2022, 07:58 PM
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#19
I had a minor injury at work and it was a nightmare trying to sort through doctors that only prescribed pain meds. Had to get a new doctor every few months because every single one was worthless. So keep trying to find relief for the pain! Even surgery didn't fix my injury. I ended up getting a settlement, idk know how much it was, like 5% loss of my limb, which may have been $1000.
I tried to get an attorney, but he flat out told me it's not worth my time, there's no chance for a payout in my state. And the injury wasn't significant enough.
My advice is to definitely get an attorney and ask for their advice. Worker's comp is a very hard thing to navigate, especially when I was in my 20s. Your wife's injury sounds moderate to severe. Don't let this go on, get some professional advice! I think the attorney will only get paid if you win, so they'd likely get a fat check in the end. I'd ask how much of a settlement can she expect with the injury from the attorney. Talk to one that knows the ins and outs of worker's comp.
EDIT: I see you updated. Obviously do everything you can to at least try and fix the problem. Perhaps it's temporary? It took me about 5-7 years to recover because the injury started effecting everything else in my body..
I tried to get an attorney, but he flat out told me it's not worth my time, there's no chance for a payout in my state. And the injury wasn't significant enough.
My advice is to definitely get an attorney and ask for their advice. Worker's comp is a very hard thing to navigate, especially when I was in my 20s. Your wife's injury sounds moderate to severe. Don't let this go on, get some professional advice! I think the attorney will only get paid if you win, so they'd likely get a fat check in the end. I'd ask how much of a settlement can she expect with the injury from the attorney. Talk to one that knows the ins and outs of worker's comp.
EDIT: I see you updated. Obviously do everything you can to at least try and fix the problem. Perhaps it's temporary? It took me about 5-7 years to recover because the injury started effecting everything else in my body..
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05-20-2022, 06:55 AM
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#20
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Originally Posted By ujelly⏩
That doesn't sound right at all. What state are you in? If she can't work her old job then she's entitled to the pay difference between her old job and what she can do now plus future medical expenses.Wife just spoke to a attorney. Pretty much said 15k is what she's gonna get. Standard neck Pay out .
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05-20-2022, 09:30 AM
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#21
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Originally Posted By TBO1313⏩
CaliforniaThat doesn't sound right at all. What state are you in? If she can't work her old job then she's entitled to the pay difference between her old job and what she can do now plus future medical expenses.
05-20-2022, 09:46 AM
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#22
05-20-2022, 10:21 AM
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#23
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Originally Posted By ujelly⏩
LOL yeah you need to talk to another attorney. That one was probably just trying to make some chitty liability claim for quick cash instead of a worker's comp oneCalifornia
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05-20-2022, 10:30 AM
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#24
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CA? Is she Union? She better contact them ASAP, as well as a GOOD employment attorney.
Almost guranteed she’ll get more than 15k in California srs
Almost guranteed she’ll get more than 15k in California srs
05-20-2022, 10:37 AM
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#25
05-20-2022, 10:43 AM
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#26
- bananastand11
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Next time she's getting throat f*cked - tell her to lay down and have the doctor administering the thrusting to be standing over her.
That way your wife's neck won't have to continuously move back and fourth and she won't injure it next time.
That way your wife's neck won't have to continuously move back and fourth and she won't injure it next time.
05-20-2022, 10:44 AM
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#27
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Originally Posted By Ironmanlet⏩
If they do, she can tack on a wrongful termination claim.If you take legal action against the company, she will not be permitted back at work. They will place her on admin leave or could even terminate her.
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05-20-2022, 11:59 AM
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#28
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Originally Posted By knightofday⏩
She'd get more than that in Alabama or Mississippi. OP talked to a hackCA? Is she Union? She better contact them ASAP, as well as a GOOD employment attorney.
Almost guranteed she’ll get more than 15k in California srs
Almost guranteed she’ll get more than 15k in California srs
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