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Monkey paw

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  • Monkey paw

    Hi, I live in Newhampshire, I had an accident in Sept. 2005. I work as a painter. The ladder I was working on flipped sending me to the ground on my head as a result of this fall, before the fall I had told my boss that I and the other workers had enough for the day, it was very hot. I was told that we had to finish today, reluctantly I continued, then I fell. I have a huge scar on my face, severely broke my wrist and injured my back. Back injuries include bracialplexis nerve damage, and syringomyelia.
    I was sent to a neurologist, he said while indeed this condition exsists, he was not to conceirned at this point. He ordered another mri in six months.
    I have an appointment with a doctor at a pain management clinic on the 24th. Now my boss is being evasive.
    I am in coniderable pain and they won't give me medication, they only offer the option of a spinal cord stimulator, I think that is extreme.
    So that was just some background,I have no idea how the w/c system works my questions are, If I can't, and I don't think I'll ever be able to do what I used to, does my boss have to take me back ?
    What does closing a w/c case consist of ?
    If I'll never be 100% will they retrain me and help find me a job?
    How long and what help will they give me.
    Sorry about being so wordy, I looked up w/c regs. on the state site and I'm confused. I have more questions but none come to mind right now, Thank you, Monkey paw.

  • #2
    The most your employer would have to keep your job open for is 12 weeks. Beyond that, it is totally up to them.

    If you are unhappy with the treatment suggested, you need to talk to the doctor.

    If you are unable to return to your old job, your boss does not have to take you back. You can be retrained for something else but you should really talk over your options with a WC lawyer.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


    • #3

      Elle, thank you so much for your answers, I had no idea. Do you think you could explain the process of ending or closing a w/c case ? Tim.


      • #4
        WC cases can end in any number of ways. The most common is that the employee simply receives treatment, returns to work and all parties go on their merry ways. When there are lasting results, that doesn't happen.

        Typically it will end with a settlement of some kind. A full and final settlement is a contract that can indicate anything both parties agree to. Typically, it closes out the medicals in exchange for additional financial compensation.

        Stipulation agreements are similar but don't close out medicals (meaning you can receive medical treatment for the injury for life) and both the insurance company and employee come to an agreement on the degree of disability.

        There is also what is called Permanent Partial and Permanent Total disability, which is financial compensation for the degree if disability.

        There is a decent flow chart of a claim on the MD WCC site. While some of the details are slightly different, the overall process is the same.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


        The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.