Montana Work Knee Injury Serious Enough For An Attorney

Question: Do I need an attorney if I got hurt at work and had to have surgery?  I messed up my knee at work. I went to physical therapy for about a month. It did not help so I went back to the doctor then he said I had to have surgery. I have been missing hours at work plus my overtime. I miss some days because it hurts so bad I cannot get up and walk on it. I got hurt September 4th of this year and I just finally had surgery. December 13, I had to walk on my leg everyday for three months which made it worse. What should I do?

If the knee is hurting enough that you may have to quit, then your workers compensation rights will become complicated.  I suggest you contact an experienced WC attorney in your Montana city or call us 1-800-272-7744.  We can handle cases throughout the state. 

Retirement Stops Montana Workers' Comp Permanent Partial Disability.

Question: Is it true that if I retire early I'll get a worker's compensation?I had l4@5 s1 disk replaced with 4 rods attached to spine I have my retirement papers ready to take my disability retirement but was told since I'm on a light duty status if I retire first I will not be able for a worker's comp settlement. Is this true?



Answer:  If you voluntarily retire, you no longer have a legal "wage loss" so you may well be disqualified.  The best thing to do is hire an experienced workers compensation attorney to negotiate a settlement before you even talk to your employer about retirement. 

Part Time Work May Be Enough To Prove Worker Is Not Totally Disabled

MCFERRAN VS CONSOLIDATED FREIGHTS

Summary: 57-year-old hostler/driver suffered knee and groin injuries. Physician approved three positions as medically appropriate for claimant: pharmacy delivery driver, bookmobile driver, and newspaper delivery driver. Vocational evidence, including testimony from vocational expert, indicated only one bookmobile job existed but that job had no turnover and that newspaper delivery job was not a job but a business claimant would have to enter.

Held: Injured worker is not PPD if he is capable of performing part-time employment which is substantial and significant. Claimant is not PPD where he can perform pharmacy delivery driver position and that job, though part-time, is substantial and significant.

Note: Montana Supreme Court upheld the standard enunciated by WCC, i.e. ability to perform part-time employment which is substantial and significant precludes finding of PTD status, but found record did not support a finding that pharmacy driver was substantial and significant job where it could involve as few as six hours per week.

Workers compensation adjuster use vocational rehabilitation counselors to close the file on injured workers who have run out of medical options and can't return to their job.  All the vocational counselor has to do is ask your doctor if you can be a parking lot attendant or a towel folder at the laundry?  Then your temporary total diasability(TTD) can be terminated with a 14 day notice.  If you reach MMI you may be in the same boat as all the other potential parking lot attendants and towel folders. 

www.bulmanlaw.com

Question: Is there a maximum amount of compensation you can receive in a settlement in a personal injury case being injured at work?

Workers Compensation benefits are paid according to scheduled amounts based upon age, education, physical requirement and permanent impairment.  While an injured worker recovers, temporary total disability payments are made based of 66% of the gross wages the worker was earning at the time of the injury.

Dog Bite Injury Recovery Exceeds $500,000

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Pennsylvania attorney Thomas J. Newell, who specializes in personal injury claims, announced that his firm has just obtained a $508,613.84 settlement from a landlord’s insurance carrier after a tenant’s pit bulls attacked a young boy.
The landlord had allowed the tenant to keep the dogs.
According to Newell, the dogs jumped a three and a half foot fence into a homeowner’s yard and mauled the boy. He sustained serious injuries which required 17 surgeries. His mother was also injured when she tried to help her son fend off the dogs. The family’s bills exceeded $500,000.
The landlord’s insurance company filed lawsuits in both federal and state courts arguing that, due to language in the policy, it could deny financial responsibility for the attack. However, Newell says he was successful in fighting those claims, and the insurance company ultimately conceded, agreeing to pay the victims the liability policy limits.
Last summer, an appellate court in Kentucky overruled a lower court’s decision that a landlord was not liable for injuries when a tenant’s dog bit someone across the street from a rental property. Now, landlords in Kentucky may be viewed as “statutory owners” of tenants’ dogs simply by approving a pet request.
Conversely, a Wisconsin court decided in March, 2011 that a landlord could not be held liable when a tenant’s pit bull attacked a neighbor, enforcing a longstanding policy in the state that landlords are only liable if the animal belongs to the landlord or is specifically under their control. Judges found that being in control of the rental property is not enough to show control over the dog.
A number of cities and counties across the country, including some in Pennsylvania, have considered breed-specific legislation banning pit bulls and other breeds thought to have vicious propensities. Those laws have come under heavy opposition by animal rights advocates who say that the individual dog, not the breed, determines whether the animal is a risk.
 

What to do if your workplace is dangerous?

Question: What can I do if I think my workplace is unsafe?

If you believe working conditions are unsafe or unhealthful, we recommend that you bring the conditions to your employer's attention, if possible.

Workers, or their representatives, may file a complaint and ask OSHA to inspect their workplace if they believe there is a serious hazard or their employer is not following OSHA standards. A worker can tell OSHA not to let an employer know who filed the complaint. It is against the Act for an employer to fire, demote, transfer or discriminate in any way against a worker for filing a complaint or using other OSHA rights.

You can file a complaint online; download the form [En Espanol*] and mail or fax it to the nearest OSHA office; or call 1-800-321-OSHA begin_of_the_skype_highlighting 1-800-321-OSHA FREE end_of_the_skype_highlighting (6742). Most complaints filed online may be resolved informally over the phone with your employer. Written complaints that are signed by a worker or worker representative and submitted to the closest OSHA office are more likely to result in onsite OSHA inspections.

When the OSHA inspector arrives, workers and their representatives have the right to:

• Go to the inspection.
• Talk privately with the OSHA inspector.
• Be part of meetings with the inspector and the employer before and after the inspection is conducted.

Where there is no union or employee representative, the OSHA inspector must talk confidentially with a reasonable number of workers during the course of the investigation.

An inspector who finds violations of OSHA standards or serious hazards may issue citations and fines. A citation includes the methods an employer must use to fix a problem and the date by when the corrective actions must be completed. Workers only have the right to challenge the deadline for when a problem must be resolved. Employers, on the other hand, have the right to contest whether there is a violation or any other part of the citation. Workers or their representatives must notify OSHA that they want to be involved in the appeals process if the employer challenges a citation.

If you send in a complaint requesting an OSHA inspection, you have the right to find out the results of the OSHA inspection and request a review if OSHA decides not to issue citations.

See OSHA's Worker Page for more information.

Metal Ramps Used to Unload Semi-Trailers May Need Guardrails

Question: Is it permissible to use a metal ramp to unload parts from a semi-trailer when needed?

Response: Yes, the OSHA standards do not have specific requirements for accessing a portable storage trailer on a job site. A ramp could be a suitable means of access. However, where the height of the trailer floor exceeds 6 feet, guard rails or other fall protection will be required.

29 CFR 1926.501(b)(6): requires that "Each employee on ramps, runways, and other walkways shall be protected from falling 6 feet (1.8m) or more to the lower level by guardrail systems."

Thank you for your interest in occupational safety and health. We hope you find this information helpful. OSHA requirements are set by statute, standards, and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov. If you have any further questions, please feel free to contact the Directorate of Construction at (202) 693-2020 begin_of_the_skype_highlighting (202) 693-2020 FREE end_of_the_skype_highlighting .

30 Day Time Limit For Workers Compensation Claims

Montana law requires all injured workers to report their injury to a supervisor within 30 days of the event.  If the health problem caused by work occurs over more than a single day, then it is classified as an occupational disease and the worker has one year from the time of discovery of the connection to work.  When in doubt, notify your supervisor and file a written notice with the human resources department. 

Thomas Bulman
Workers Comp Attorney
BulmanLaw.com