PDA

View Full Version : My Mother got pretty messed up at work.



dmontzsta
06-22-2003, 08:14 PM
So around 1 month ago she was leaving work (she works at walmart). The knuckleheads waxed the crap out of the floors and didnt tell anyone or put up any signs up. So she walks out tired and falls flat on her back, 4 people that work there saw her, and they caught it on tape. She just got her results back and the doctor said her spine is tweaked and the discs in her back are 8-9mm apart (worst the doctor has seen is 6mm). They are going to have to shoot her spine with cordozone or something, and she will never be able to have a stand up job AGAIN. Doctor says she will eventually be crippled and in a wheelchair. She is now thinking about suing, what do you guys think?
Any experience with this sort of thing?
She has a friend that works there now and she is suing the company and still working. My mom said she can probably sue and still work the desk or be a door greeter.
Anyone have a place they can reccomend in SoCal?

Mandelon
06-22-2003, 08:15 PM
Wow, that sucks.....She needs a good lawyer that's for sure.

hoolign
06-22-2003, 08:18 PM
Hey man, that's shitty about your mom!condolences to her!

dmontzsta
06-22-2003, 08:36 PM
Thanks, even though its hard to be serious with that avatar :)
I hear you have up to 1 year to file, it has only been 1-2 months, so it doesnt look like she is sue happy, cause she wasnt going to, and she just found out her results. Today she tells me they are overworking her, she is supposed to be sitting down, but they have her answering phones near the fitting rooms and getting up and down to open doors and let people in the dressing rooms, when they know she isnt supposed to, she comes home at night almost in tears from the pain.
SOB's.

Moneypitt
06-22-2003, 09:01 PM
HEY!!!any lawyers out there??? This poor woman needs help. Why is she still working with a severe back problem? Find a good lawyer ASAP, get her off her feet and into some REAL doctors office that will put her on disability right now!!the law is on her side here, and the company's workers comp carrier wants her treated as well, before she makes things worse... Find a Lawyer!!!.......Moneypitt

Cas
06-22-2003, 09:27 PM
Real sorry to hear about your Mom.
A friend of mine went through something similar at McDonalds....slipped, fell, screwed up his back, couldn't have a stand up job.
He went back to work anyway and that ended up screwing him over. The longer he worked, the more ammo that McDonalds had when they ended up in court. He ended up getting about a 1/4 of what he was entitled to. Walmart will have some pretty high powered attorneys, your Mom will need one too.

dmontzsta
06-22-2003, 09:48 PM
Cas:
Real sorry to hear about your Mom.
A friend of mine went through something similar at McDonalds....slipped, fell, screwed up his back, couldn't have a stand up job.
He went back to work anyway and that ended up screwing him over. The longer he worked, the more ammo that McDonalds had when they ended up in court. He ended up getting about a 1/4 of what he was entitled to. Walmart will have some pretty high powered attorneys, your Mom will need one too. do you know how long he went back to work for?
and what dollar amount he ended up getting?

moneypit
06-22-2003, 10:44 PM
Well Im bummed that somebody has the name MoneyPit except with two tt's.... Anyway, Ideal with patients like this everyday. I have good lawyers that I deal with as well. First of all she shouldnt be diagnosed as a possible future cripple. THats wrong. I have had patients with 17mm disc bulges that are fine. If she is in pain she needs to consult her own orthopedic surgeon... not the companies. THay are entitiled to send her to their doctor, but after 30 days, she is allowed (California State Law) to seek her own medical attention. It will be paid through the company... Does she work for K-mart or was she just shopping? If she isnt an employee, then she can go anywhere she wants. It should be covered by the companies insurance, if not then she can either use her personal insurance or find a doctor who will take the case on a lein basis.
Lawyers.... Personal injuy
If she was an employee, then she will need a work comp attorney... Its best to not use an attorney when the company is accepting the claim and she is allowed to get medical attention. Once she is done with medical care or she is considered "permanent and stationary" she should get a lawyer. THe only reason i suggest to wait for an attorney is because companies will yank heir acceptance of the claim once they se that you are going to fight them... better to wait. But still consult with an attorney immediately (just dont retain one)
Like I said. I treat these case all the time. I get people like her better alll the time. There are better options bofore you inject cortical steroids into the spine... it actually eats away the existing cartilage and disc. But it numbs the pain. Its still a pretty big disc, and oral medications might be a better start.
If I can help...
Sportsdc@pacbell.net

dmontzsta
06-22-2003, 11:22 PM
moneypit:
Well Im bummed that somebody has the name MoneyPit except with two tt's.... Anyway, Ideal with patients like this everyday. I have good lawyers that I deal with as well. First of all she shouldnt be diagnosed as a possible future cripple. THats wrong. I have had patients with 17mm disc bulges that are fine. If she is in pain she needs to consult her own orthopedic surgeon... not the companies. THay are entitiled to send her to their doctor, but after 30 days, she is allowed (California State Law) to seek her own medical attention. It will be paid through the company... Does she work for K-mart or was she just shopping? If she isnt an employee, then she can go anywhere she wants. It should be covered by the companies insurance, if not then she can either use her personal insurance or find a doctor who will take the case on a lein basis.
Lawyers.... Personal injuy
If she was an employee, then she will need a work comp attorney... Its best to not use an attorney when the company is accepting the claim and she is allowed to get medical attention. Once she is done with medical care or she is considered "permanent and stationary" she should get a lawyer. THe only reason i suggest to wait for an attorney is because companies will yank heir acceptance of the claim once they se that you are going to fight them... better to wait. But still consult with an attorney immediately (just dont retain one)
Like I said. I treat these case all the time. I get people like her better alll the time. There are better options bofore you inject cortical steroids into the spine... it actually eats away the existing cartilage and disc. But it numbs the pain. Its still a pretty big disc, and oral medications might be a better start.
If I can help...
Sportsdc@pacbell.net Thanks...I am glad there is someone like you to contact. She is an employee at Wal-Mart.
The doctor that they sent her too has told her she will never be able to have a stand up job again and has scoleosis or whatever that is. She said her spine is 8-9mm shifted to the side when it gets to the bottom instead of being straight.
I have told her to get the yellow pages and start calling workmans comp. attorneys tommorrow and taking your advice, not to the let try and come over and visit or for her to retain one. Just basically find out what kind of case she has and get some advice, etc...
Please let me know what you think and if you can give any additional advice in this matter. She/We are just worried that IF Wal Mart were to ever let her go or she couldnt work anymore, that our family would be screwed since her and my father both need their jobs to survive...basically her job is everything, but if she cant work or something crazy happens she needs to be ok financially and not let this pass her up, or make it worse for her future.