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what should i do. legal advice please.?
in july of this year i was working for a local contractor. they were laying half brick. about the second day we were there i started grouting the brick using a calking gun. when i got to work the next day the pain in both my arms and both my hands was intense. being a dutiful employee i sucked it up bumbed all the aleve that i could find and kept working. i took 2 to 4 advil every day just to be able to continue working. this went on for a week and a half. at the end of the job i thought the pain was not as bad so i assumed it was no big deal. over the next couple of weeks the pain did not go away but i just wrote it off as muscles that i dont normally use would be sore for a while. at the end of the job we were layed off due to lack of work. a week later we worked a half a day stocking a job with tile. i mentioned to one of my bosses that my arms and hands still hurt.(later when asked he didnt remember) abot 8 weeks later the pain was still not gone but worse. i was losing feeling and strength in my left hand and the pain in my right got worse. i was worried so i went to the ER on sunday. the doctor said it was carpal tunal. he said it was probably from the extended use of the calk gun. on the following monday i reported this to my employer. they reported it to workers comp ins. the er doctor recommened that i see a specialist. i made the appointment and went. that doctor requested a procedure to determine the damage. the claims adjuster cancelled that appointment and inevitably denied my claim. due and timely notice was not given to the employer and or kyagc/sif. on top of this the bosses son called me and told me that i would not be called back to work. i had to stop drawing unemployment because the doctor gave me a note that said i could not work. so tell me what should i do. thanx in advance for any help.
4 réponses
- Artemis AgroteraLv 7il y a 10 ansRéponse favorite
Apply for disability.
I'm sorry but there is very little chance that you are going to be able to succeed in making this a workman's comp claim.
That the doctor said it was "probably" because of the extended use of the calking gun isn't anything close enough to the type of evidence that you would need. There just is too long of a period between the time you allege to have been injured. And going to the emergency room for hand pain is a bit suspicious. Hand pain for carpal tunnel wouldn't rise to the level of justifying an ER visit unless you also had a spike driven through the hand. Even if you had no medical insurance and/or no primary care doctor, I would wonder what you didn't go to an urgent care facility instead.
If you are genuinely physically incapable of work, you might consider applying for disability.
- EisbärLv 7il y a 10 ans
Well, you kinda failed to mitigate your damages by continuing to work without even making a peep to your boss. Why did you not say anything when you got hurt? Why did you keep doing something if it hurt really bad? Go seek legal advice from a lawyer who specializes in employment and/or disability law.
And as for general advice - fill a big bucket or your sink with ice water and dip your arms (up to your elbows) in the ice water. Do it for about 10 seconds (or forever long it is comfortable) and then take your arms out and put them back in for another 10 seconds. Do this at least 10 times for a two hour period EVERY day CONSISTENTLY for at least 7 days. Do it even more if you can. And the more days you continuously do this, the better.
And stop doing anything that exacerbates it. Carpal tunnel is caused by inflammation through your arms and wrist and hands where the nerve gets pinched (due to the inflammation) so you must reverse the inflammation - because it is a vicious cycle that keeps getting worse. You may very well be fine. Meaning your hands, arms, joints, etc, might not be permanently damaged at all - but the inflammation is causing an acute severe pain and numbness/weakness problem, so you need to reduce the inflammation. However, if you do not address it, it could definitely become a permanent problem, so address it now, and address it aggressively with ice therapy. Inflammation is a weird biological phenomenon. It is both good and bad. Some inflammation is good, because it causes you to feel pain, so you lay off the limb so it can heal, and so blood and nutrients can get to the problem to fix anything that needs fixing, but once it is healed and fixed, if you keep exacerbating the inflamation process, the auto immune response will stay in high gear for no reason - except to cause you pain.
Seriously. You need to ice every single day. And get some of those ice pack things from the pharmacy and keep them in your freezer so you can let those rest on your limbs when your watching tv or something at night. Trust me. It will help immensely. Advil, and cortisone, etc., are temporary symptom relief. You need to literally change the ecosystem of your body's immune response to get totally well - which can be done through ice therapy. And don't let some doctor tell you, you need 50k surgeries and expensive cortisone shots until you try the most classic treatment known to man first. That being - ice - rest - elevate - repeat.
I am a lawyer, but my undergrad was psychology and a minor in biology and have had carpal tunnel issues as well.
Good luck.
- il y a 10 ans
You can get good advice on www.AVVO.com Only real lawyers are allowed to answer questions.
A workmans comp lawyer can help you out. They work on a contingency basis of about 20% or so.
It sounds like you might have a case, but you have done damage to your case by trying to file the paperwork yourself.
Laws very alot from state to state, so no one can give you good advice without knowledge of your local laws.
Source(s) : Avvo.com - il y a 5 ans
you need to be an officer of the regulation considering that that's a concern the place somebody is breaking the regulation. the main you ought to do is to have a company the place you help the police to seek for infants or lobby for greater penalites for intercourse offenders. the elementary answer is that civilians won't be able to be vigilante keepers of justice. The regulation does not enable it.
