In the state of Tennessee, if a person has injured more than one part of their body during the same workplace accident, the calculation of permanent impairment benefits can get complicated. But, what if an individual suffers a serious injury which causes that person to overcompensate with another part of the body? If the overcompensated part of the body then becomes injured from overuse, is that covered too? The answer is “yes.”
Such is the situation of case I settled recently for a client at our firm. At 57 years old, he had never suffered a work injury and never had a work comp case. He made an honest living working mainly manual labor and construction jobs all his life. As I wrote in the trial brief I prepared, “He gave his body and his health to the State.” Our client hit a very unlucky patch and suffered multiple injuries working for TDOT within a relatively short amount of time considering his work history without injury. One of this man’s injuries was a gradual injury to his right shoulder that occurred from overuse because he was limited in the use of his previously injured left shoulder. The right shoulder became very painful to use which required surgery. It resulted in a permanent injury.
Cases like these are legally and factually complex. Insurance companies frequently under-compensate injuries involving multiple areas of the body. That is why having an experienced workers’ compensation lawyer in your corner is extremely important, especially when you have multiple injuries. In the eyes of the law, our client was entitled to compensation for his permanent impairment. Even with our hard-nosed brand of no-nonsense representation, we had a long road ahead. The State fought fair compensation for his injuries all the way up until the eve of Trial.
We took doctor depositions. We took depositions of fact witnesses and employer representatives. We fought tooth and nail for his surgeries and prescribed medications to be approved. We battled the adjusters and attorneys day in and day out. Without our representation, it is likely that this man would have slipped through the cracks.
We worked hard on his cases for approximately 4 years and were able to reach deserving settlement for our client. Though our journey together was arduous, he was thankful that he called us and that we fought for every dollar to which he was entitled as a result of his injuries.
This is a huge victory all around. For our client, the settlement will give this man a better life. He’s been through a lot and he deserves a worry-free retirement. It’s also a victory for us- Paralegals, Kimberly Owens, Jillian Hester and many other RML team members who have worked on this case can now all breathe a well-deserved sigh of relief and accomplishment knowing our client gets to close one chapter and start another one.
The law changed for all workers compensation claims for those who have been injured on and after July 1, 2014. If you’ve suffered a serious work injury, you do not want to try to navigate the new workers’ compensation system on your own. Let us begin representing you and get your case moving in the right direction. The call is free, no fees until we win. At Rocky McElhaney Law Firm you’ll always have someone in your corner. We fight for you.