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  • Settelment question

    Hi all, I'm here in California and here's my story. Almost three years ago I was injured on the job. I partially tore my left bicep and had no feeling in my left hand and fingers for around 3 months due to swelling and pinching of the nerves. I was in physical therapy for around five months with no improvement in being able to extend my arm out fully which I'm not surprised due to the fact that the therapyst only had me do the wirl pool and electro stimulation in my arm muscles and no streching or weights to work the muscle out. The Workers comp doc had me in a sling for about 5 months and that is the reason I cannot extend my arm out all the way. I've done every test available from nerve conduction test to MRI's all coming back negative. I do have full feeling in my hand now but there are times during the week where it will go numb for no apparent reason and will last like that for up to a minute. I cannot extend my arm all the way either. I went to a neutral doc back in Jan. 06 and he's the one who made the final report. He to felt the scar in my bicep muscle and in his final report he has me as 50% disabled. In his report he also states that surgery and physical therapy will not help. Workers comp offered me almost $6000 two months ago but my attorney and I turned it down, my attorney actually laughed at the offer when I asked her about it. I am able to be retrained but whats the point if I may have a job today? I go to talk to a friend that will probably give me a job today. Plus me and my wife are in Welfare to Work in our county which helps pay for our rent and bills etc. but in order to receive the help from our county/state we must be working or going to school which welfare to work helps provide in training etc. But like I said I now may have a job. I am able to work but am limited to what I can do obviously but my injury limits me in work and personal life. I am unable to lift, pull, carry, push anything weighing more than 10 lbs. and cannot extend my arm out all the way. I have three small children and am unable to do alot of activities a father should do with his children such as play sports, rough house and or even pick up and carry them. I have to bend down scoop them up with my good arm and than lift them with just that arm being sure not to drop them. I am also a car finatic and am unable to do alot of work on my car like I used to. My question is, I go to court on the 18th of this month for the settlement, what can I expect from the judge and the final outcome, how much do you think I may receive in the settlement etc. I'm a little anxious about all of this and can't wait until this nightmare is finally over.
    Last edited by CenCal78; 05-12-2006, 07:00 AM.

  • #2
    You have an attorney. That is who you should be directing your questions to. We can give you general advise here but for any so specific as to what to expect on a settlement, you need to talk to your lawyer. You are paying them for a reason.
    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.

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    • #3
      I understand what you're saying but I am just curious as to what you all may think plus it's really hard to get a hold of my attorney, she's usually out of the office whenever I try to contact her, but like I said I'm just curious as to what you all think may happen.

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      • #4
        Seriously, it is very very hard to tell anyone what exactly to expect even when directly involved. The devil is in the details and I have no way of knowing anything about your employer, your education, skills, job prospects, etc. All those things get taken into account, either officially or unofficially. Your settlement will be generally based on the degree of disability (and I will say 50% disabled based on a 10 lb. lifting restriction and only accassional pain is extremely high) and your wages at the time of the accident.

        There are different types of settlements and they each have their own provisions, advantages and disadvantages. You can get some general info on this here www.dir.ca.gov/dwc/FactSheets/FactSheet_D.doc
        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.

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        • #5
          Well I got some good news, I got a job today granted it's only for Sat. nights but it's better than sitting at home like I have been for the past three years. Anyways I'm security for a club. I'm able to do the job and not worry about reinjuring my arm due to having several other big guys right there with me. I'm happy and so is my wife. Next step is to get a job for the week.

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