Our office recovered $184,200.00 for a Workers Compensation Claim from a slip and fall involving a 51 year old employee injuring both shoulders.
The incident was something that happens almost every day at work, a slip and fall. In this case, the employee was walking on a surface he thought was dry. Unknown to the employee, the surface was wet and slippery, causing the employee to slip and fall backwards. As he was falling, he tried to break the fall with his hands behind him. The result were bi-lateral shoulder injuries, specifically, ligament tears to both shoulders.
In many minor workers compensation injuries, the employer will often not contest that the slip and fall is work related. As a result, the employee will receive his weekly benefits, usually two-thirds of his salary. In addition, the employee will have all of his medical bills relating to the injury paid.
But the rights of the injured employee do not stop there. The employee has the right to receive compensation for the injury itself, or the permanency of the injury. This amount is in addition to the weekly benefits and the medical bills. If the employee does not recovery this third benefit, he is not receiving full compensation for his injuries. And if the employer does offer compensation for this third benefit, many times the amount the employee does recover is only a fraction of what he should recover.
The compensation for permanency is usually highly contested. The employer will argue, naturally, that the employee has recovered fully from his injuries. He is as good as new. In fact, the employer will point out that the employee is back working at his old job.
In fact, for most injuries the employee is not “as good as new.” The medical records will usually indicate the extent of the permanency. This may be reflected in the loss of range of motion of the limb, or the loss of strength, or the inability to work at full capacity. In short, if the employee is going to receive compensation for permanent injuries, he must prove that he has sustained permanent injuries. And, the employer will be doing everything he can to prove that the employer does not have permanent injuries, or if he does, the permanency is minor.
If you have been injured at work, and you believe you have sustained permanent injuries, call the law firm of Charles J. Gale, P.C.W