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Slip And Fall Herniated Disk Torn Rotator Cuff

Workers Compensation Law Discussion

Slip And Fall Herniated Disk Torn Rotator Cuff

Postby Napayshni » Wed Feb 10, 2016 7:55 am

I slipped and fell at a Boston Market Restaurant at the end of August 20008.  There was a sign right at the front entrance wet floor.  I received my food and when I went up to the beverage center that is when I fell on all 4's.  Not one employee came to my aid.  A male customer picked me up off the floor and helped me sit down.  As I was looking at the area where I fell it was dirty with a wet spot, empty straw papers, napkins, food.  When I was leaving the restaurant I was walking out with another patron and I said to her "I am so embarrassed I fell and I am so upset that not one employee came to me.  This conversation happened as I was limping out of the restaurant.  She asked me if I filled out an incident report. I said no, she replied "get back in there and fill out one you never know what you could have injured.  I thanked her, wished I got her name.  I asked for the manager we sat down and filled out an incident report.  He did see the wet spot I fell on and noted it on the report.  The wet floor sign was no where near where I fell.  It was at the front of the store when you walked in.  I asked him if I could have a copy of the report and he replied he was not sure if he could give me one.  I said if you have a fax machine please make me a copy I am not leaving without one.  I did not want to risk him changing anything on the report.  He did note there where 3 employees that witnessed this fall.  I left and went to my office and as time went on the pain started to get really bad.  I took myself to the local ER.  They took X-rays and found nothing broken but they referred me to an orthopedic.  The mri showed I had a torn rotator cuff in my left arm, a herniated disk in my low back, something is going on with my knees.  At that time I had no health insurance nor sick time.  Oh I sprained my right ankle.  I did get pictures of my bilateral knees that were very bruised.  My left hand that was severely swollen and they were concerned I had a dvt as my left foot and lower leg was very swollen.  Not to mention the severe pain I am in.  Then a month later while I was working one of my other jobs(I am a nurse) I was helping my aid transfer a patient from the bathroom to her wheelchair, I was using my right arm to support her(her weight was approx. 300 lbs) and she collapsed on me.  I went right to the hospital as I felt a pop.  the pa who specialized in ortho suspected a torn rotator cuff and brachial plexus injury.  An mri was taken of my neck because of the pain and a herniated disk was found there.  I am doing my best to keep the injuries separated.  I do have an attorney for the slip and fall but I do not have one for workmans comp.  Oh and I just recovered from left rotator cuff surgery in 07 when I was helping a pt and aid and myself log roll a pt who was very heavy.  I went back to work right after, working 3 jobs, working out at the gym and loosing 40 lbs.  then this happened.  Oh and the workmans comp injury to my right shoulder is so severe I will be spending a few days in the hospital.  Oh back in 2000 one of the places I was working at, my patients wife came in with their dog, he bit me on the right hand and had a good grip on me, I yanked my arm away and I ended up with a severely torn rotator cuff on my right shoulder.  When I went back to work it never bothered me again.  I look forward to hearing what you have to say about a settlement(s).  By the way I settled with my left shoulder for $50,000.  I look forward to hearing from you!    Sherry
Napayshni
 
Posts: 46
Joined: Sun Mar 02, 2014 10:24 pm

Slip And Fall Herniated Disk Torn Rotator Cuff

Postby burghard » Sun Feb 14, 2016 7:14 pm

I slipped and fell at a Boston Market Restaurant at the end of August 20008.  There was a sign right at the front entrance wet floor.  I received my food and when I went up to the beverage center that is when I fell on all 4's.  Not one employee came to my aid.  A male customer picked me up off the floor and helped me sit down.  As I was looking at the area where I fell it was dirty with a wet spot, empty straw papers, napkins, food.  When I was leaving the restaurant I was walking out with another patron and I said to her "I am so embarrassed I fell and I am so upset that not one employee came to me.  This conversation happened as I was limping out of the restaurant.  She asked me if I filled out an incident report. I said no, she replied "get back in there and fill out one you never know what you could have injured.  I thanked her, wished I got her name.  I asked for the manager we sat down and filled out an incident report.  He did see the wet spot I fell on and noted it on the report.  The wet floor sign was no where near where I fell.  It was at the front of the store when you walked in.  I asked him if I could have a copy of the report and he replied he was not sure if he could give me one.  I said if you have a fax machine please make me a copy I am not leaving without one.  I did not want to risk him changing anything on the report.  He did note there where 3 employees that witnessed this fall.  I left and went to my office and as time went on the pain started to get really bad.  I took myself to the local ER.  They took X-rays and found nothing broken but they referred me to an orthopedic.  The mri showed I had a torn rotator cuff in my left arm, a herniated disk in my low back, something is going on with my knees.  At that time I had no health insurance nor sick time.  Oh I sprained my right ankle.  I did get pictures of my bilateral knees that were very bruised.  My left hand that was severely swollen and they were concerned I had a dvt as my left foot and lower leg was very swollen.  Not to mention the severe pain I am in.  Then a month later while I was working one of my other jobs(I am a nurse) I was helping my aid transfer a patient from the bathroom to her wheelchair, I was using my right arm to support her(her weight was approx. 300 lbs) and she collapsed on me.  I went right to the hospital as I felt a pop.  the pa who specialized in ortho suspected a torn rotator cuff and brachial plexus injury.  An mri was taken of my neck because of the pain and a herniated disk was found there.  I am doing my best to keep the injuries separated.  I do have an attorney for the slip and fall but I do not have one for workmans comp.  Oh and I just recovered from left rotator cuff surgery in 07 when I was helping a pt and aid and myself log roll a pt who was very heavy.  I went back to work right after, working 3 jobs, working out at the gym and loosing 40 lbs.  then this happened.  Oh and the workmans comp injury to my right shoulder is so severe I will be spending a few days in the hospital.  Oh back in 2000 one of the places I was working at, my patients wife came in with their dog, he bit me on the right hand and had a good grip on me, I yanked my arm away and I ended up with a severely torn rotator cuff on my right shoulder.  When I went back to work it never bothered me again.  I look forward to hearing what you have to say about a settlement(s).  By the way I settled with my left shoulder for $50,000.  I look forward to hearing from you!    Sherry
burghard
 
Posts: 49
Joined: Wed May 22, 2013 5:30 pm

Slip And Fall Herniated Disk Torn Rotator Cuff

Postby Haligwiella » Tue Feb 16, 2016 6:20 pm

Hi Sherry, I am sorry to hear of your long history of serious injuries sustained both on the job and from this slip and fall accident.  However, I am not sure exactly what it is you want me to tell you, since you already settled for the slip and fall accident and we do not cover workers' comp on this website.  

Workers' comp systems are different in all states, and so far as I know, we have no expertise here at allexperts on that topic.  It is a specialized area of the law and very few personal injury attorneys actually have any experience with workers' comp cases.  

I would wonder why you do not get an attorney for a workers' comp claim that sounds pretty serious, AND which does have a bit of complexity because of past history.  In other words, it is not just the shoulder injury that should be considered in the WC claim.  It IS ALSO THE BACK AND NECK PROBLEMS that must be considered.  

It is true that Doctor Settlement teaches insurance injury claim settlements on a self-help basis, but for you, Sherry, I would NOT recommend going this on your own.  The WC settlement is supposed to take into account future problems one can expect because of the work injury. An attorney is necessary to prove those kinds of claims when there are complex histories involving(a) the tort claim for the accident, and(b) prior bilateral rotator cuff surgeries.  

Hence, ask your attorney for a referral to a good WC attorney.  If there is not one in your town, tell your attorney that you want to work with her and let her find the WC attorney and contract through your attorney's office.  That way, there will be the convenience of using the local office for depositions and signing interrogatory answers, etc.  Does that make sense?

I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.

Best Wishes, Dr. Settlement, J.D.(Juris Doctor) http://www.SettlementCentral.Com
Haligwiella
 
Posts: 38
Joined: Sat Mar 08, 2014 1:44 am


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