23 and First Experience with Injury.... Info Request...

[Bassin4life]

On August 1, my 23rd birthday, I was given a gift from above....Fresh HOT TAR leaked through a roof onto my head and neck. Spent the rest of week in hospital and released after minor surgery removing tar from my scalp that hardened below the epidermis. Now I have the most unimaginable shooting pains when cleansing and exposure to air. I have no idea where to go with this. I have never witnessed someone go through this process so I am very green, but a competent person. Is this something I can trust with my Work Comp Case Worker to help walk me through and the help of online tools? Or is it best advice to seek counsel for this complete matter?

Any help/info is greatly appreciated.

Questions in my head at the moment:
How long does this process usually take?
It's cut and dry what happened, does this speed up the process?
When liability "pain and suffering" is offered, what am I to expect and/or account for?
What happens if I do not want to return to my position?
I am honestly scared that the lower income generation will put me behind on bills a great deal and in turn increase my debt, and possibly cause me to miss some bills, harming my credit. I just moved into my own apartment 500miles from home with my fiance and 2 children. Money has already been tight, and I don't want to have my credit hurt by this incident. Will this effect be accounted for in the PnS?

THANK YOU SO MUCH in advance.

[capricorn]

Hi Bassin...and wlecome. Sorry for your injury. Sounds horrible. You don't say where it happened just how. Also there is no such thing as pain and suffering with a WC injury. Need to tell you that upfront. While you're waiting for a better response than I was able to give, go to the top of the page, click on info by state and start educating yourself in your state's laws as they are all different. Will you need an attorney??? Hard to tell. If WC picks your case up, pays your medical and your bi-weekly checks I don't see why you would need one yet. Can't make that decision about changing jobs yet either based on where you're at. If i were that afraid I wouldn't go back either BUT it could have alot to do with how this plays out. Sorry I couldn't be of more help.


JMO<
CAP

[Bassin4life]

capricorn Wrote:

Hi Bassin...and wlecome. Sorry for your injury. Sounds horrible. You don't say where it happened just how. Also there is no such thing as pain and suffering with a WC injury. Need to tell you that upfront. While you're waiting for a better response than I was able to give, go to the top of the page, click on info by state and start educating yourself in your state's laws as they are all different. Will you need an attorney??? Hard to tell. If WC picks your case up, pays your medical and your bi-weekly checks I don't see why you would need one yet. Can't make that decision about changing jobs yet either based on where you're at. If i were that afraid I wouldn't go back either BUT it could have alot to do with how this plays out. Sorry I couldn't be of more help.


JMO<
CAP

Just to fill in the blanks, happened on the job in Virginia, the roofing company at fault, my company, and I all reside in North Carolina. Would I need to be educated in both or just one of these states? My feeling about changing jobs rests with income. I can return to my sales position with another company to get back to a reasonable income. Current job was to provide a future sales position. I no longer wish to work in tight corners around my head with the severity of the damage to my scalp. We only do plumbing work for roofers. I do not wish to pursue the future with this company.

On with the research....thank you

[1171]

1. Each case is different and has different issues; "long" can't be answered.
2. is it cut and dried to your employer/carrier or just in your eyes?
3. what makes you think it'll be offered-- it's not part of workers comp.
Do you have another case?
4. Nothing. your claim remains.

[Bassin4life]

Thank you for the reply.

I want to keep up to date as much as possible with anyones reply.

1. I was purely looking for experience in this situation

2. It was labeled cut and dry by the case worker and my employer. Everyone knows exactly what happened without distorting the obvious.

3. I've never had experience with this so no other cases. The case worker mentioned that a liability claim will obviously be filed and with the severity of my burns that a "PnS" settlement should be offered.

4. "Nothing. your claim remains." THANK YOU. That is exactly what I wanted to hear. Glad you could define this for me.

[1171]

Having no issues or disputes from either party will speed up the process.

If you haven't filed a 3rd party case i don't think the work comp carrier can do it on it's own initiative -- your case worker may be confused.

Without a civil case there is no pain and suffering available

define what? nothing happens if you want or actually do change jobs - it has no effect on your claim.

glad to help

[NewDriver]

Hey Bassin4life, Welcome to the forum. What a nasty injury that sounds like. I can not even imagine how you must be suffering. HOT TAR would have to be one of the worth ways I can think of to be burned/injured. OUCH .

BTW happy belated birthday I too am a July baby just much older than yourself . Hopefully your young age will aid in your recovery.

As Cap told you, go to the VA WC web site and learn all you can about the procedures for your claim. Also go to the NC web site and do the same. You might also verify which state your claim in going through or if you get to decide which states laws/guidelines will apply.

I am an OTR truck driver and was injured in a state other than where I am domiciled. I could have filed in either of the two states, where the injury took place, or my home state. Review both states as one may have advantages over the other, such as a higher maximum AWW which is used to determine your TTD payments. AWW is also used to in part to pay out a final settlement. Each state in different in things like how many weeks you can remain on TTD. Just educate yourself as much as you can about both states and make note of the differences that can add up to large amounts of money in the end.

As far as the PnS goes regardless of which state you fall under makes no difference, as there is NO such thing as payment for Pain and/or Suffering under WC law in any state in the US.

The good news, you mentioned that this was caused by the roofing company's error. I read your post to mean you do not work for the roofing company but another company in NC. If that is the case what your case worker is likely referring to is 3rd party liability. This is where you file a liability law suit in civil court against the party/company that caused your injuries.

As with any civil liability suit you can sue for and likely be awarded damages for PnS. This is something you MUST pursue and in no way it automatically done through the procedures of WC. Provided you file this 3 party liability law suit the WC IC that is paying your claim will place a lien on that claim for recovery of any money they expended in connection with your work related injury.

As for an adverse effect your credit rating, usually with an extended length of absence from work with an injury it can not be avoided. I guess you could say it is a part of it, at least for many that is. Most likely your creditors will work with you to help avoid harming your credit history. Contact them now and let them know what has happened and see what they can do to help you by way of deferring/extending installment payments. Do not wait to do this until a payment is already due or past due.

In the event that you end up paying late or worse yet face repo it certainly would not hurt to include that in the context of the 3rd party suit. It won't necessarily restore your credit but it can make your bank account feel better .

You absolutely DO need to speak with an attorney concerning the 3rd party liability and the sooner the better. (WC requires that they be notified anytime a 3rd party suit is filed and kept in the loop if you will.) Remember this is not automatically done and you need your own attorney working for your best interests taking care of it. If the WC case worker offers to assist you I would decline and seek counsel of my own with an attorney unaffiliated with the WC IC. Not to imply all WC IC's are crooked but you will likely be better served with independent counsel. No doubt the WC IC's legal staff could help you but they will have their own best interests at the head of the line, not yours.

Good luck to you and I hope your feeling better soon. Please keep us up dated as to how you are doing and how your case is progressing.

ND

[Bassin4life]

Thank you so much for all the advice. I spoke with my WC case worker today and she was reluctant to give me much information to help me, but she would answer my questions. Luckily enough research has helped me answer the right questions and I have a reimbursment check coming to me for expenses and mileage. Sadly my weekly pay is only $379. I had just been raised to $825 a week the very week this happened, so it was not included in the average salaries. This is VERY PAINFUL. Now my stay at home Mom(fiance) has to try to get a job AND run my retail store. I can't wait to get a work release! I'd rather be less than 100% than lose everything I've earned!

I have a neighbor in my apt complex that has been on WC for 3 years. She was in a 3rd armed robbery, at Chucky Cheese none the less, and the man pulled the trigger point blank on her head and it jammed. Her psych is through the loop. Her atty has been taking great care of her and didnt take a dime for 14months. I did a prescreen with the PL and will speak with the lawyer over the phone tomarrow. I'll update tomarrow on what everything sounds like. I am shopping referred attys to find the one I feel most comfortable with. Anyone in NC or VA that can refer a "GREAT" atty?

Are there any questions anyone thinks I should be sure NOT to miss at the initial "consultation?"

[1171]

I think there is case law that says they have to use your wages at the time of the injury and only average your wages when there is no set amount. talk to the atty about getting your disability rate recalculated.

[Babebahn]

Sorry to hear about your accident on your birthday...that is my birthday as well! So happy belated birthday!
Anyway, please be VERY CAREFUL what you say to your WC case manager as it can later be used in proceedings. Something I learned by experience. SO glad you found us to help you through this. It is a roller coaster ride but we all will help you through it.
Get a good attorney and hopefully he/she will help with the wages.