What can I do if I had a broken humerous and tear in shoulder from falling off at work? 24 Answers as of November 19, 2013

In August of this year (2013), I fell at work and was diagnosed with a fracture of the greater tuberosity bone. (upper arm). I took 5 weeks off without pay from my job. Started physical therapy 2nd week of injury. It has been 12 weeks and my arm and shoulder still hurt. MRI was taken of shoulder and found a tear. I am 60 years old and have been employed for 20 years at my job. Go to Ortho in 1 week. Will I heal as fast as a young person?

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LAW OFFICES OF ARMAN MOHEBAN | ARMAN MOHEBAN
You need to file a claim for worker's compensation benefits that cover temporary disability benefits, ongoing medical treatment and a settlement for permanent disability and future medical care.
Answer Applies to: California
Replied: 11/19/2013
E. Ray Critchett, LLC
E. Ray Critchett, LLC | Ray Critchett
Unfortunately, you will probably not heal as fast as a younger version of you but your doctor should be able to address that issue. If you are having difficulty with getting paid or with getting the treatment you need, you may need to consult with a workers compensation attorney.
Answer Applies to: Ohio
Replied: 11/14/2013
Wayne J. Wimer, Inc. P.S.
Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
If you were injured on the job in Washington state, then your employer is supposed to be covering you with workman's compensation insurance that will pay for your lost earnings, your medical expenses, and any disability that you sustain.Additionally they can not fire you for demanding that you be covered with the mandated insurance coverage.
Answer Applies to: Washington
Replied: 11/14/2013
Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
Report the injury to your company's workman compensation carrier. Not usually, older you are the longer it takes to recover.
Answer Applies to: Utah
Replied: 11/13/2013
Law Ofices of Edwin K. Niles | Edwin K. Niles
You appear to have a valid workers comp claim. See a lawyer who specializes in W.C.
Answer Applies to: California
Replied: 11/13/2013
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    You are entitled to workers compensation benefits for on the job injuries. Such benefits are primarily a % of your lost gross wage during your period of disability and medical testing/treatment expenses. Discuss your medical prognosis with your doctor.
    Answer Applies to: Michigan
    Replied: 11/13/2013
    Law Offices of Tanya Gendelman, P.C.
    Law Offices of Tanya Gendelman, P.C. | Tanya Gendelman, Esq.
    You need to speak to a workers compensation attorney.
    Answer Applies to: New York
    Replied: 11/13/2013
    Doroshow, Pasquale, Krawitz & Bhaya | Donald E. Marston
    If you suffered these injuries at work, you probably have a claim for workers compensation benefits. Workers comp would pay your lost wages and medical bills, as well as some other benefits. You should definitely contact an attorney. I would be happy to consult with you. As for your other question, my guess would be that you will not heal as fast as a "young" person; but only a doctor can say for sure.
    Answer Applies to: Delaware
    Replied: 11/13/2013
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    You have a workers compensation case. The company's insurance should pay for your medical care, and should pay you weekly wages while you are unable to work. Get a lawyer so that you do not get screwed over by them.
    Answer Applies to: Michigan
    Replied: 11/13/2013
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    I'm not sure of why you haven't filed for workers' compensation benefits. You can file. If you're unsure of what to do hire an attorney to walk you though it by paying the lawyer based on a contingent fee. To answer you last question, no you will probably not heal as fast as a younger person and you'll probably have a greater degree of industrial disability. The value of your case should be worth more than a younger worker, which is another reason to hire a lawyer.
    Answer Applies to: Iowa
    Replied: 11/13/2013
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    It appears to be a worker's compensation case. Turn in to WC.
    Answer Applies to: Alabama
    Replied: 11/13/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    I am not a doctor and cannot tell you how fast you will heal. Ask your doctor. Your exclusive remedy against your employer for an on the job injury is for compensation benefits. Once you reach maximum medical improvement in your condition, if you have a permanent set of physical restrictions that keep you from going back to work, you will be entitled to permanent disability benefits. Your medical benefits related to your injury are open for life. Good luck.
    Answer Applies to: Alabama
    Replied: 11/13/2013
    Lewis B. Kaplan | Lewis B. Kaplan
    From the tone of your inquiry I'm thinking you have not filed a workers compensation claim. Meet with a lawyer and file a claim. Rather than asking a lawyer how fast you'll heal you should be asking that question of your doctor.
    Answer Applies to: Illinois
    Replied: 11/13/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    No you wont heal fast. This is a worker comp claim and you should be paid for all but the first week. If a claim has not been filed, make sure to do so. Hire you a good comp lawyer.
    Answer Applies to: North Carolina
    Replied: 11/13/2013
    Robert C. Slim - Attorney at Law
    Robert C. Slim - Attorney at Law | Robert C. Slim
    Depending on what caused your fall, you might have a claim against your employer. Is your employer a subscriber to the Texas Workers Compensation Act? If so, your claim would be limited to the benefits provided under the Act. You should call and get a free legal consultation. There are many other issues that would effect your rights.
    Answer Applies to: Texas
    Replied: 11/13/2013
    Pete Leehey Law Firm, P.C.
    Pete Leehey Law Firm, P.C. | Pete Leehey
    There is no reason for you to be taking five weeks off without pay. You have a legitimate workers' compensation claim. You should promptly contact an experienced workers' compensation lawyer.
    Answer Applies to: Iowa
    Replied: 11/13/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    First and foremost, you are entitled to worker's comp. Comp pays your medical bills and (66%) of your loss of income, so you are entitled to recover that, but for goodness sake, get that paperwork done and in! As for your last question, that's a medical question, not a legal question, but I think the answer is an obvious "no". I am close to you in age, and I think you already know that you can't do most of the things you used to do as fast as you did when you were a young person. Finally, if this was a construction accident and you were in the State of NY, you should make an appointment to see a personal injury lawyer right away.
    Answer Applies to: New York
    Replied: 11/13/2013
    Law Office of Scott K. Wilson
    Law Office of Scott K. Wilson | Scott K. Wilson
    If you haven't applied for Workers Compensation benefits you should do so - it doesn't matter who fault the fall was.
    Answer Applies to: Washington
    Replied: 11/13/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    If you have not already done so you should be on worker's compensation which pays your wages and medical. There is a possibility of a lump sum payment for percentage loss. You should contact an attorney as soon as possible to discuss whether based on the facts there may be a third party claim.( negligence against some one other than your employer to go against.)
    Answer Applies to: New York
    Replied: 11/13/2013
    W Morris Taylor, PC | W Morris Taylor
    You need to file a workers compensation claim. Because your injuries are so serious, you should hire a competent lawyer & also investigate whether you have a third party claim in civil court.
    Answer Applies to: Missouri
    Replied: 11/13/2013
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    Everyone heals at a different pace. You should have been and can still be paid for ALL of your time off work, AND you are entitled to compensation for your injury. Find an experienced Workers' Compensation attorney on Law QA. Attorneys on Law QA want to help you but they are NOT permitted to solicit your business. YOU must contact them.
    Answer Applies to: Illinois
    Replied: 11/13/2013
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You have a workers' compensation claim. You should get a lawyer to pursue your claim and compensation for you. As far as you're healing, you should ask your doctor, not your lawyer.
    Answer Applies to: Connecticut
    Replied: 11/13/2013
    WEISSMAN LAW FIRM
    WEISSMAN LAW FIRM | I.Donald Weissman
    If the injury occurred at work the entire matter should be covered through workers compensation. It covers ALL medical bills and pays disability (a percentage of salary) while off of work. If the employer did not have workers compensation insurance there is a fund with the State of California to provide the benefits. Or, if the employer was negligent, thus causing the accident, the employer can be sued for the damages like any other case. If the employer has workers compensation insurance covering the injury the employer cannot be sued.
    Answer Applies to: California
    Replied: 11/13/2013
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