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Workers comp question?

By jodyandbenny - 10 September 2010 13

I’m currently on workers comp on it approching the 26week limit befor the pay changes to 90% of my wages, but my question is this:

My specialist my doctor and my physio have all said it will only keep bruising if i dont get another job.

It’s my knee I had surgury to remove alot of torn cartlidge,and had bone fragments removed but now its bone on bone which causes internal bruising which lasts for around 6 weeks at a time which means back to the doctor again for pain killers.

What do i do? Do i seek a pay out and leave or do I stay with an injury that will keep flarring up every time it bruises?

Help please i need advice i have a family to support

What’s Your opinion?


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13 Responses to
Workers comp question?
pug206gti 9:09 am 14 Sep 10

Just for general information, in workers comp the insurance company pays the lawyer, so take your pick in the yellow pages and don’t be afraid of the cost. Also, settling anything with an insurer yourself will get you significantly less money than if you get a lawyer beacuse they know you’re in the dark. They’ll probably tell you to get a lawyer in good time anyway.

jodyandbenny 4:06 pm 11 Sep 10

yer it is pretty painfull, im a tyre fitter for prime movers ( trucks) and earth movers, so its a full on job, i have to strap it everyday to minimise the swelling i get from being on my feet all day,
thank you all i think legal advice is the way to go,

I-filed 1:46 pm 11 Sep 10

Ouch – can you be proactive – get the insurance company to fund retraining and a job that you can perform to full capacity after a knee reconstruction? What’s the nature of your work? Bone on bone sounds excruciating – I think I’d opt for surgery rather than painkillers.

Ray Polglaze 3:45 am 11 Sep 10

In circumstances like these you should already have seen a good lawyer. That is not something you might consider doing, nor is it something you should do depending on how things work out, or even something you should threaten to do. It is something that you should already have done.

It would be obvious to both your insurer and your employer that you should already have seen a good lawyer.

At this stage, you should be looking for suggestions for a good workers compensation lawyer. I would expect that there would be a number of good lawyers in this field.

In my experience, Richard Faulks, at Snedden Hall & Gallop, is an extremely good workers compensation lawyer. You would be well advised to see him or a lawyer he recommends.

I also understand that David Lander is a good workers compensation lawyer.

You should also be talking with your union representative.

With a serious injury like this, which has involved surgery and where there is ongoing pain, you clearly need good legal advice and representation.

jodyandbenny 7:09 pm 10 Sep 10

thanks to those who gave advice and thanks to those for the laugh i needed it…lol,
i just wanted to see if others had maybe been in the same situation, yes im still working with this employer, but it done under workers comp but its still the same 40hour week, eating pain killers like lollies these days but the specialist said the only think next is knee re construction or a presedure where they inject a gel type liquid behind the knee to stop the bruising! so im damed if i do and damed if i dont! it seems between the doc’s the surgeon and the insurance company im fine!!!!!! arhh hello im in bloody pain here something is not right…right!! thanks guys for listening to my whinge i will just have to kick up a big stink maybe say if they dont fix my knee i’ll go to a lawyer…how was that was that tough!!!!!lol

Rangi 5:53 pm 10 Sep 10

dtc said :

Rangi said :

gee whiz I am funny, I probably should have my own TV show

You are funnier than 2.5 Men. Then again, so is herpes

How about ‘Do not take advice from RiotAct in respect of your workers compensation rights. Do take advice from RiotAct in respect of going to see a lawyer or other appropriately qualified professional’.

I like the 2.5 men/herpes bit, well done but the funniest bit was how you took time to do a serious answer to my glib load of garbage comment

Pork Hunt 5:24 pm 10 Sep 10

colourful sydney racing identity said :

first off; get professional advice. Why on earth would you make an anonymous public forum your first point of call for such a massive, complicated decision that wiil effect the rest of your life.

WTF? Doesn’t everyone else use RiotACT for life coaching? I won’t go anywhere else. My only problem is that Homer Simpson isn’t real, for he would be my Guru.
Now Lisa, where did I put that carton of Duff and box of donuts…?

dtc 4:28 pm 10 Sep 10

Rangi said :

gee whiz I am funny, I probably should have my own TV show

You are funnier than 2.5 Men. Then again, so is herpes

How about ‘Do not take advice from RiotAct in respect of your workers compensation rights. Do take advice from RiotAct in respect of going to see a lawyer or other appropriately qualified professional’.

Rangi 3:34 pm 10 Sep 10

Conan & dtc say don’t take advice from Riot Act and then advise to see a laywer….so what is the Op supposed to do? If they don’t take advice from here does that mean they don’t take your advice not to take advice or do they take your advice not to take advice from here but not take your advice to see a lawyer or take your advice not to take advice but take your advice and see a lawyer?????

gee whiz I am funny, I probably should have my own TV show

colourful sydney rac 2:08 pm 10 Sep 10

first off; get professional advice. Why on earth would you make an anonymous public forum your first point of call for such a massive, complicated decision that wiil effect the rest of your life.

S4anta 1:17 pm 10 Sep 10

Find a new job, and an employer that doesn’t require you to kneel in front of them so often.

dtc 12:32 pm 10 Sep 10

There is potentially big money involved. Dont rely on anonymous advice from a public website. See a lawyer. Or your union (if you have one). If there was any negligence involved in your injury, definitely see a lawyer.

It might cost you some money up front, but its better than making a v expensive mistake.

ConanOfCooma 12:25 pm 10 Sep 10

You haven’t been very clear in regards to your circumstances, but I will assume you are still doing the same job as when you injured yourself.

If you are still working, there’s no reason for your pay to be reduced. If you are having copious amounts of time off, then this will apply, but not if you are still working.

To be honest, it sounds like your situation is not that complicated; You can work, although you need painkillers.

A pain and suffering payout will be next to nothing, and unless you are permanantly impaired, you won’t get much else.

Also, it’s probably best NOT ask Riot ACT readers for advice on matters that are vital to you supporting your family. If it’s that serious, perhaps one of those “NO FEES UNLESS WE WIN” personal injury lawyers might be best to call, at least they can appraise your claim for you.

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