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Workers Compensation Benefits
Cases That Restored Workers' Benefits and Proper Medical Care *
Employer Refuses to Allow Appropriate Medical Care and Fires Employee
CareMan injured while changing mold plates in machine used to make plastic milk bottles. Heavy plate shifted and pinned arm against side of machine. Employee was sent to local urgent care by employer who diagnosed injury as strain and told employee to return to work. Employer would not send employee to orthopaedic surgeon for evaluation. Employee could not use arm. Plant manager criticized employee for not pulling his weight. Words were exchanged and employee was told to leave. Employer denied benefits contending employee had quit. Hearing was requested. Medical evaluation and treatment was approved. Claim was resolved after hearing.
Employer denied claim contending that injury was the result of a previous condition
Propane gas delivery driver strained back while pulling heavy hose. Employee’s mobility was limited because of injury and he remained either in bed or reclined in a chair. Four days after injury, he developed extensive deep-vein thrombosis (DVT) in right leg. Back strain resolved, but DVT caused permanent disability. Employee will require medical treatment for life. Pain and persistent swelling prevent return to previous employment and limits employment prospects. Employer denied claim contending that DVT was the result of a previous cardiac procedure and/or a congenital condition. Medical testimony was developed establishing that initial injury and resulting immobility was a significant contributing factor to development of DVT. Claim was resolved at mediation.
Employer and Insurer denied coverage blaming a pre-existing condition
Woman who worked for online collections company was injured when her chair collapsed causing her to fall backwards and strike her head. Three weeks after her fall, employee suffered a stroke. Employer and insurer denied that stroke was related to original accident. Medical testimony was developed establishing link between original fall and stroke. Claim resolved prior to hearing.
Subcontractor did not have insurance to cover injury; General Contractor held Liable
Construction worker was injured on job site. His employer was subcontractor on project and had failed to obtain insurance coverage. Claim was brought against general contractor who had failed to obtain certificate of compliance from subcontractor at the time work had begun as required by the Workers’ Compensation Act.
Original Claim Reopened and Additional Benefits Provided based on Misdiagnosis
Oil delivery driver sustained injury to his knee requiring surgery. After he was released by his orthopaedic surgeon, Employee developed circulation problems in his lower leg. He was mis-diagnosed with an auto-immune condition thought to be responsible for his complaints. Medications used to treat condition had disabling side effects and resulted in a break down of the employee’s hip requiring a hip replacement. After approximately two years of treatment, Employee obtained a second opinion at a nationally known medical center. Evaluating doctor disagreed with auto-immune diagnosis. He thought condition was related to damage to blood vessels from original knee surgery and post-surgical infection. Doctor prescribed appropriate treatment and employee’s condition improved. A motion was made to reopen original claim for additional benefits related to circulatory problem and damage caused by mis-diagnosis. Claim resolved prior to hearing.
Healthcare Professional Back Injuries
We have represented nurses, certified nursing assistants and other health care providers who have sustained back injuries lifting, turning or assisting patients in hospitals and nursing homes.
Construction Workers Injuries
We have represented construction workers who have fallen from roofs, scaffolding, ladders, and walls, or through holes in uncompleted floors.
On the Job Automobile Accidents
We have represented employees who have been injured in automobile accidents while on the job.
Carpal Tunnel Cases
We have represented employees who have developed conditions due repetitive motion requirements of their job.
* These are representative cases. The results obtained in each of the cases we have worked on were dependent on the particular facts of that case.
Copyright © 2007 Janet, Jenner & Suggs, LLC, Attorneys At Law.
Attorneys admitted in multiple states and the District of Columbia. Practicing nationwide on a Pro Haec Vice basis.
Law Offices in: Maryland • South Carolina • North Carolina • Washington, D,C. • Pennsylvania • Georgia • Minnesota
The facts of every case are different and prior results do not guarantee a similar outcome on any particular case. Additional information and representative cases handled by Janet, Jenner & Suggs, LLC are available on www.MedLawLegalTeam.com