by Guest » Tue May 06, 2008 01:50 am
Hi, 3 weeks ago (April 21) I was walking down a flight of stairs at a business office complex. They were tile steps (covered by tile). Well I got about 3 steps down and one of the tiles on the step shattered and sent me flying down about 4 more steps. I immediately took a photo and called the property management. They said "oh we are sorry we knew the steps had hairline cracks and we actually have someone schedule to come out Wednesday" (April 23). There was no sign or warning or anything. The fact they knew about it sort of upsets me. It could have been a much older person and they could've been seriously injured. Anyway I went to the doctor the next day and have been diagnosed with sciatica. I feel miserable I have shooting pains down my right leg and into my feet. I am on percoset and valium and flexeril as well. I have missed 3 weeks of work (I am contracted through a place so I have no benefits) Im a 1099 employee. The inurance company (Chubb) has told me they have accepted liabilty for the claim. I also have an email from the property management with before and after photos of the steps and them saying they were sorry and that they did have it scheduled for repair prior to my falling (which shows negligence I would assume). Here is my concern:
The adjuster said they will do nothing until ALL medical is finished then they will determine a settlement amount based on lost wages, pain and suffering, medical bills, etc. However they will not do anything before my medical is done. She told me that if I could find someone who would do medical treatment on a lien then they would simply pay them directly when the settlement is done. That is fine, up to now I have been paying out of pocket but last appt my Dr. stated I may need an MRI and/or physical therapy. I am sure I can find someone to do this on a lien basis. I am really starting to feel this financially now and as much as I don't want to just hurry through this and settle but I feel I don't have much of a choice. My pain is pretty bad and I cannot work because I have to lift heavy objects. Should I find a way to make it though financially and take this until I actually feel better or would it not really effect the final pain and suffering amount? Also does the fact they knew about the steps and didn't close them off counts for anything? I have a 9 mo old daughter who I cannot even pick up right now and this is really effecting my life at this point. It really stinks and I read a lot of stories of people getting their wages, medical and like $1000 dollars. That just doesn't seem fair. I am open and appreciate any advice. Thank you in advance.
Robert
The adjuster said they will do nothing until ALL medical is finished then they will determine a settlement amount based on lost wages, pain and suffering, medical bills, etc. However they will not do anything before my medical is done. She told me that if I could find someone who would do medical treatment on a lien then they would simply pay them directly when the settlement is done. That is fine, up to now I have been paying out of pocket but last appt my Dr. stated I may need an MRI and/or physical therapy. I am sure I can find someone to do this on a lien basis. I am really starting to feel this financially now and as much as I don't want to just hurry through this and settle but I feel I don't have much of a choice. My pain is pretty bad and I cannot work because I have to lift heavy objects. Should I find a way to make it though financially and take this until I actually feel better or would it not really effect the final pain and suffering amount? Also does the fact they knew about the steps and didn't close them off counts for anything? I have a 9 mo old daughter who I cannot even pick up right now and this is really effecting my life at this point. It really stinks and I read a lot of stories of people getting their wages, medical and like $1000 dollars. That just doesn't seem fair. I am open and appreciate any advice. Thank you in advance.
Robert
Posted: Thu May 22, 2008 06:25 pm Post Subject:
I did not have the MRI. The diagnosis was a herniated disc at L5 S1 and nerve impigement. I do not know what the prognosis was. He just told me that I could start working and to take things slowly and as my body allows me to. He said it is possible that I may not completely heal but I am assuming I will.
I am just clueless on what amount to expect for pain and suffering and any estimate from someone who knows about that stuff will help me.
I have had people here I know tell me that I won't even get $10,000 total. But I tell them that I have over $12,000 in just med and work. They say it doesn't matter but these are a couple of people who think they know everything but are actually quite ignorant.
Thank you
Posted: Fri May 23, 2008 12:05 pm Post Subject:
He said it is possible that I may not completely heal but I am assuming I will
Don't think you told us your age, but I wouldn't make that assumption...well at my age anyway (forty-eight) have several of them myself...and they don't/didn't heal...really think about having the MRI, remembering that down the road should you have another injury, it well only way to say it is, it won't be ''worth'' as much...see it's 'worth' more if an injury is 'caused' than if a pre-existing injury is 'aggravated' from now on you will have this diagnosis attached to you...say you fail on a landlords bad steps (another thread here)...hurting same area...you won't be entitled to near the settlement that you will be this time... please reconsider the MRI...also even if you are young and feel fine, I assure you hern.discs can come back and bite you hard, when you get in your late thirtys early forties...I have had people here I know tell me that I won't even get $10,000 total. But I tell them that I have over $12,000 in just med and work. They say it doesn't matter but these are a couple of people who think they know everything but are actually quite ignorant
. I agree with that last part... :roll: There is no way for me to acruately put a value on this without knowing everything (no don't send it to me please..) but I'd say they are WAY WAY WAY OFF...with the info you have provided, more like, 20-30k...still please re-consider, have a complete diagnosis (MRI) and see what treatment is available....let the adjuster make the first offer, and think about it for a while....this is NOT a soft tissue injury, and one that can cause you great trouble down the line....if the adjuster is too far off, I'd consider an attorney in this one....and I ''rarely'' say that! :wink: :roll: (I'd also negotiate the percentage fee)Posted: Sun May 25, 2008 07:38 pm Post Subject:
Ok today I found out that I will have to have 2 more weeks of PT. I am a 1099 contacted "employee" so not really employed at all. They have decided to replace me on 1 of my routes that I have because they are afraid I may not be able to come back and be able to lift the packages and things like that. So basically I am out $600 a week now that 1/2 of my work is gone. Does this at all matter. I'm sort of confused. I can't go after my "employer" because I am contracted and they can basically do whatever they want. If I wouldn't have been injured I'd still have both shifts. Is the adjuster going to consider anything on this?
Thanks
By the way I am 40 in January.
Posted: Mon May 26, 2008 02:27 pm Post Subject:
They have decided to replace me on 1 of my routes that I have because they are afraid I may not be able to come back and be able to lift the packages and things like that. So basically I am out $600 a week now that 1/2 of my work is gone
I'm so sorry that really sucks!Does this at all matter
Yes, it should...be sure and bring this to the adjusters attention, would be good to get a letter from this company saying they had no option but to hire another DUE to this accident and injury you suffered, blah blah, and how much you made working for them...They will owe you something on this...do you think that you will be able to preform your job at the same level after some time of recovery? What does the doc say?Posted: Mon May 26, 2008 06:15 pm Post Subject:
I have asked the doctor if I will fully recover and he just says that is what we are hoping for. I have 3 more weeks of physical therapy left.
I will be able to get a letter stating they replaced me due to the time away which is due to my injury. I just don;t know what to ask for regarding that. See it is a night route that takes 3 hours and it pays $120 a night. I waited so long and tried so hard to get one of these few routes that basically never come open, but I got lucky and got in. I doubt I will ever find anything to make that much in 3 hours again.
So if I heal completely does that mean they won't consider the lost future income? I mean I won't be able to replace that. Honestly, all of the chaos and stress this is puting on my wife and our kids is really starting to hurt us.
Anyways, when I ask for an amount, how do you suggest I factor in this part of it ($600 a week)?
Thank you again for all of your opinions.
Robert
Posted: Wed May 28, 2008 11:34 am Post Subject:
So if I heal completely does that mean they won't consider the lost future income?
Well they will owe you for any loss income of course and some for the loss of this route...but not the rest of your life for it's loss..Anyways, when I ask for an amount, how do you suggest I factor in this part of it ($600 a week
You just tell them..you lost this job and cannot get it back, and don't see getting another of this quality for quite some time, and that you can document from the employer that they were very pleased with your service but had no alternative but to replace you, and see what they come up with...they certainly owe you it's loss from the time of injury until you are released 100% from doc to return to work...and perhaps a little more on that particular job...Posted: Tue Jun 03, 2008 11:26 pm Post Subject:
Wow I read this whol;e thread and I must say I am sorry for you. I know your situation as I am kind of dealing with some of the same things myself. Good Luck. (Please take Lori advise and see if you can get the MRI)
Posted: Tue Jun 03, 2008 11:36 pm Post Subject:
Fireyone are you still dealing with your case, I thought you would have settled things out by now, sure seems like it is taking forever.
rps, I am sorry this happened to you, hope you are feeling better soon and you get things back on track soon also.
Posted: Wed Jun 04, 2008 09:36 pm Post Subject:
Yep sure is taking forever. Hopefully it is going to come to an end before summer does. Who knows. I think it is a shame in the op situation that it took so long and much luck to come across this job and wages to have to let it go. I really think when considering a settlement that needs to be taken into consideration. I know everything isn't always fair but it really sucks when your at the recieving end of it and didn't do any wrong.
Posted: Thu Jun 19, 2008 09:42 pm Post Subject:
Ok just an update. I actually wound up having a little longer PT and time off. I just turned in everything today to the adjuster. I wound up with 15 weeks off work and $4000 out of pocket medical. With my time off we are at $23000 or so. I called an attorney today to just ask what to expect and if I don't get a decent offer I could call them back and discuss them representing me. I actually talked to the attorneys assistant and she told me something that really worries me. She said to expect about $5000, when I said "Oh for pain and suffering?" she said no.TOTAL!! If this is the case I am so screwed along with my wife and kids. I was always under teh impression I will get my lost wages with no problem. She said they don't have to give me that and more than likely won't. I am really worried at this point. I am going to wait and see what is offered, but how can they not give me my lost wages? Please tell me this lady is wrong!! I'm expecting like 30K which is basically a very low pain and suffering amount. I'm really worried now.
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