Manufacturing / Retail
Depending on one’s employer and insurance company, the recovery of workers’ compensation benefits may be difficult to attain and could involved a lengthy process. You will need help.
One of our clients, a manager a big box construction company, injured his back while lifting a heavy item during the course of work day. This manager was a hands-on supervisor and he often worked side by side with his team. As is often the case, a workers’ compensation insurer accepted a low back strain for the injured worker. However, the doctors involved in the case diagnosed a herniated disc. The herniated disc in this case caused radiating symptoms in the worker’s leg, which affected his ability to lift, walk, and even sit.
The Solution
Ultimately, through legal fighting, the workers’ compensation insurance company accepted the true low back injury. As a result of this acceptance, the injured store manager received his workers’ compensation benefits including medical care and wage substitution.
Unfortunately, there’s more to this story….
As a result of the back injury, the injured worker lost the feeling in his leg and fell down some stairs. In an effort to protect himself, he extended his arm to block the fall and injured his shoulder.
The workers’ compensation insurance company initially argued that there was no shoulder injury and denied the secondary claim. It’s important to note that if you injure yourself as a consequence of a worker’s compensation claim, the workers’ compensation insurance company is responsible.
Eventually, after more than a year of legal battling, the workers’ compensation insurer succumbed to Guinn Law Team’s concerted pressure and the insurer accepted the shoulder claim. The injured worker was able to have the necessary shoulder surgery. Two years later, our client has recovered from his surgery, is attending school and moving forward in his life. The insurance company is paying for these benefits. Guinn Law helped pave the way for our client to have a new lease on life.
The Point: Don’t settle for what they want to give. Talk to us first.
Don’t Settle Without Us
Our client injured her knee on the job, and then was fired. Fearing she would end up homeless without work, she settled with her former employer for an inappropriate amount—without consulting a lawyer first. She came to us after that settlement, when her injury became worse and she required more medical treatment.
This is the kind of story we hear all too often. The good news is, we were able to help our client win more medical benefits. But she would have been entitled to time loss benefits (wage substitute) and vocational retraining, too, if only she had not settled with her employer before coming to us.
The Point: Don’t settle for what they want to give. Talk to us first.
Age Discrimination? Claim Denied? It’s Not Over.
Our 66-year-old client injured her shoulder on the job at the Oregon Dept. of Corrections. The insurance company denied her claim. They asserted that her injury was the result of a degenerative condition in her shoulder, due to her age.
We deal with this kind of age-based tactic a lot, and when we do, our job is to prove that the injury is more than 50% work-related.
We fought the denial and won, but the DOC refused to pay the year and half of time loss she was owed while unable to work. So we fought again, and won her full time loss benefits.
The Point: We don’t stop until you get everything you’re entitled to.