A young nurse, and mother of two children, injured her neck when caring for a patient. As the nurse was conducting her duties, the patient began to fall off a gurney. The nurse successfully attempted to prevent the fall, however the patient wrapped her arms around the nurse’s neck for fear of hitting the floor. The patient’s embrace caused an injury to the nurse’s neck.
Needing to work and provide for her 2 children, the nurse sought out the help of a doctor. The nurse (our client) described her injuries to the doctor and the surgeon then diagnosed her as suffering from a herniated disc. The workers’ compensation insurer only accepted a condition of “strain”, however. They denied her necessary surgery, rehabilitation, and disability benefits. This was especially problematic because she needed to provide for her family while rehabilitating.
As a result of Guinn Law Team’s advocacy, our client was able to establish that her actual injury was a disc herniation and not just a “strain.” Consequently, she received the necessary surgery, wage substitution (when she was out of work for the surgery), aftercare, and disability benefits. She was able to provide for her family and ultimately return to her job, which she loved.
Our client injured her knee on the job, and then was fired. Fearing she would end up homeless without work, she settled with her former employer for an inappropriate amount—without consulting a lawyer first. She came to us after that settlement, when her injury became worse and she required more medical treatment.
This is the kind of story we hear all too often. The good news is, we were able to help our client win more medical benefits. But she would have been entitled to time loss benefits (wage substitute) and vocational retraining, too, if only she had not settled with her employer before coming to us.
The Point: Don’t settle for what they want to give. Talk to us first.
Our 66-year-old client injured her shoulder on the job at the Oregon Dept. of Corrections. The insurance company denied her claim. They asserted that her injury was the result of a degenerative condition in her shoulder, due to her age.
We deal with this kind of age-based tactic a lot, and when we do, our job is to prove that the injury is more than 50% work-related.
We fought the denial and won, but the DOC refused to pay the year and half of time loss she was owed while unable to work. So we fought again, and won her full time loss benefits.
The Point: We don’t stop until you get everything you’re entitled to.