I was injured on the job 8/13/07. I had fallen with some work equipment and hurt my wrist badly. I went thru the routine protocol (went to the ER, my PCP, ect.) they were unsure what to make of it, and my PCP refered me to an orthapedic surgeon. I receied various treatment for a while PT, was put on no work restrictions, cortisone shot ect. Nothing was working. I was eventually diagnosed, thru MRI and arthrogram, with a ligament tear and tendonitis in my right wrist which would require surgery. I had the surgury 2/12/08 which turned out to be more complex than my surgeon had anticipated. I was in a cast for 10weeks and had pins placed in my wrist. After that I was on a weight restriction for no more that 10lbs. My work was unable to accomadate this due to required heavy lifting. I went to a hearing with my attny. in Aug. and received a disfigurment amount of money because my scars are on my hands. In the hearing the insurance company decided they were going to stop my benefits 9/30/08. They did. I've gone to an imapartial exam, had an FCE done by a PT, and been tested by my surgeon, since the hearing. All parties agree that I am permanently on restrictions to not lift more that 20-50lbs. for more than 3-5hrs a day. This ended my career in the field I was in. I am having a tough time getting a job closely related to what I used to do, and what I went to college for, because of all of this. It's the first of the year and I have still received no money from the insurance company since they terminated my benefits on 9/30/08. I own my own home which is now being foreclosed upon, as well as other things that have slipped since this ordeal has taken place. I am forced to now file for bankruptcy. I have an attny now whom I'm not sure has me in has best interests. I was wondering what to do from this point. I was only receiving partial compensation benefits pre-surgery and feel as if I am retro-actively owed the difference when I only received partial instead of full compensation. This amount totals over $5,000. I also wonder if I should be reimbursed since my benefits were terminated to the present since I have been unable to work due to work restrictions set forth by my surgeon(which total over 10,000). I talked to my attny last week and he told me the insurance company would like to settle for 50,000. I would walk away with 40,000 since 20% would go to him. It doesn't sound bad and I'm not trying to be greedy but: If I technically should have been paid over 15,000 (if they gave me full compensation pre-surgery and never stopped my benefits 9/30/08) and I have had a nightmare of a time with having a career ending injury as well as having to file bankruptcy due to these circumstances, the offer doesn't sound that great. My lawyer says that the money I should have been paid for the weeks of only receiving partial benefits and the time after termintation of benefits is part of the settlement. I would really like to know if this is a standard, to me, it just doesn't seem right. I feel I should get what is owed to me in addition to the settlement. Any information/advice you can give me would be greatly appreciated. I live in MA, by the way, incase there is different statues by state.
Thank you,
Shana Gilbert
