What to Expect? Settlement, ETC

[lalah]

Hi, Everyone I'm new. I was injured at work on a machine that didn't have the required safety guard on it. I've had two surgeries due to accident at work, all paid for by IC. I've been on WC for 14 months now. I had my FCE and I get the results soon to find out if I go back to work with restrictions. I've had restrictions in the past after each surgery, but my company was bought out and the new company would not accept the restrictions and so the IC had to continue to pay me through the old company. I should be getting an offer soon I suspect. And I was told by the guy that did my FCE that the new company is probably hesitatant to take me back to work b/c I was injured by the previous company and if I return back to work and I'm injured again, or reinjure myself, it will be their responsibility.

I'm fine not going back to work, or going back to work, it doesn't matter either way. But I want to go back with sufficient restrictions to limit re-injury and I want a decent settlement. I was told I will probably continue to have pain and I've had second opinions that concurred. I can't lift more than 3lbs as of now. Dont know what it will say after FCE results.

I had my finger lacerated to the bone and had stitches. I had torn ligaments and cartilage in my wrist on one side and tendon reconstruction on the other side of the same wrist. Does anyone know what kind of settlement I should expect? And does anyone know anything about punitive damages since the injury was due to negligence on the company part to fix the machine after several reports that were filed due to the safety hazard were ignored.

[AQA]

WC is a no fault program. Hence, it was not your fault nor was it the companies fault for the injury.

As far as a settelment goes. Your health and well being comes first.

Some cases ( alot of cases ) have no settlement.

Take Care

[jayne]

WC does not pay for pain and suffering...if there is a fine for the workplace being unsafe OSHA will get the fine money not you.....doesnt seem fair does it.....hope you have a good lawyer.....

[1171]

Some states have provisions for providing increased benefits if a safety violation is proven and linked to the injury.
Check with you state safety or work comp agency.

[cin4531]

Would you know if PA is one of those states??

[jayne]

contact Timothy Belt on this forum he is a WC lawyer on this site