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Wrongful Termination Case ? Workers Compensation settlement ? Help Please : Over My Head !?


I worked for a company in August, 2007. I got injured on the job that put me out of work for almost 7 months. I received extensive damage to my foot that includes, nerve damage, tendonitis ( stretched all the tendons around both sides of my ankle ), cartilage damage. My ankle is not great and I have good and bad days with it. My doctor released me last week. Workers Comp doctor says nothing is wrong, but my doctor says there is alot wrong and my physical therapist was working with my foot and it turned blue while they were working on my foot. It goes numb all the time. If workers comp settles the claim, what number would I even start to think about when it comes to settling ?

The company called me up a little over a week after the accident. They asked me if I turned the injury in on my insurance or through workers comp...I told them comp and they told me they didn't need me anymore and laid me off. They sent me a layoff slip in the mail. Is that against the law ?
Thanks in advance

I need to know what kind of money I should try to settle the claim for due to the ankle injury. What number should I think is a GOOD number and NOT a bad number because comp will try to get by with a little bit of nothing.

What percentage of use of your foot have you lost? You need to quantify your loss. Please don't do this yourself. You will get a mere fraction of what you're entitled. The company you used to work for has insurance for things that happen like this. Problem is . . . they will never speak with you. But will respond to a summons/settlement letter from your lawyer. It may take awhile but you then settle before going to trial with alot more than just settling through you and the company.

I would suggest getting a lawyer and let them decide what is a good number to start at. Remember that nerve damage is permanent. You will be dealing with this the rest of your life. Has your quality of life diminished? What is your quality of life worth? Only you can decide that. Myself, I would start at a million and go from there.

The company can fire/lay off anyone for no reason whatsoever unless you're in a union or have some other sort of contract.

As far as your injury goes though, you may want to call up an ambulance-chaser (all those workman's comp claims lawyers you see on TV promising you the money you deserve, lol). Until you get some legal help, you should probably not sign ANYTHING from workman's comp.

Im not an attorney, lawyers, et cetera and I am not qualified to give legal advice, but if I were in your situation that is what I'd do.

NO ONE on this forum can suggest a number. That's why you need to consult a WC attorney.

As for you being laid off after the injury, again, no one can tell you if YOUR specific situation qualifies for a retalitory dismissal. However, it is not illegal to fire or terminate someone who has a pending WC claim. Again, consult a WC attorney in your area.

The initial consultation is free so consult with more than 3 to determine with whom you need to work.

You might check with the laws of your state, because workman's comp laws are pretty strict.
I didn't think they could lay you off due to claiming workman's comp, though. But I could be wrong.

I say add up your hospital bills to get a settlement figure, and yes it is illegal for your job to lay you off for your injury and filing work comp, but they could say they laid you off for a different reason other than that

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