Outrider

Just remember it could be worse went to work in 97 monday morning by noon I was in the hospital with no left arm plus other things.Wont go into what got me,lets just say its a wood chipper a big one.As to your nose get it taking care of.Mine been broke a few times.Keep your legal people up on all things.Tell them everthing how your sleeping ,sex everthing.Let them sort out what they need.Your getting good advice from here.Keep your head up it get better.If we ever meet I'm the guy with 1 arm.

spots

jaconst

sorry to see what happened Tom I agree with top file assault charges against the guy that did that to you. Also go to your state labor or employee agency, you would think the union would support you especially because YOU WERE ASSAULTED on the job site during work hours but I suspect its a lot like the zero tolerance policy in schools nowadays where innocent kids get expelled for bringing a butter knife to school for a science project, just makes no sense. My prayers will be with you Tom and if I can help you out in a way let me know. Take care

natstayl

Tom, I got my septum broken in Ag shop in highschool with an accident involving a crowbar. Ten years or so later I chose to have a rhinoseptoplasty to replace my crooked septum with a plastic one to help me breathe when I lay down. See two or three surgeons now just to have more than one expert opinion on file when you do decide what to do. You still have med insurance even if your only insurance was through your employer for at least 30 days and probably for 90 days. You won't regret it later. Nat

MnTom

Yea, I think it is time to seek legal council. I was hoping it would not come to that, but I see no other choice. I just returned from seeing another doctor and on monday I get to have my nose broke again. The surgeon said I WILL have two black eyes, more swelling and it will bleed. Oh Boy. He also said HOPEFULLY it will allow me to breathe through my nose again. This is getting really expensive. I just hope I don't have to fight with work comp to get this all covered.
Tom

Joe N.

Hopefully a workers comp claim will cover everything. In 98 I had an accident on the job and ended up having a shoulder replacement. After the surgery the doctor told me that the claim would stay open for the rest of my life and any future problems arising from the accident will be covered by the claim. It is important that you get that claim filed because like natstayl said, ten years down the road you may have more problems and a valid claim would take care of the costs.

natstayl

You'll be uglier (if that's possible) Be sure to post a pic of post-op.(don't be embarrased) but expect the blackeyes to be black all the way to the lower jaw, should disappear in 10 - 14 days. A good time to give up chewing gum and tobacco and you might want to shave the mustache prior.
Sounds like you're still objective about the job outcome and that's good, don't wanna offend someone who may be able to help you when everyone goes into review mode. Keep us posted. Nat

Redleg

Tom, they fired you so they wouldn't have to pay workmans comp. I would talk with the lawyer about seeking payment for that until you would normally be released to work. Then talk about getting compensated for the assault while working. He was a threat, you already told the boss he threatened you previously. Don't hesitate, it's still too early to tell if there will be complications. I have known different people that suffered losses of various senses from broken noses, and potentally, migrane headaches. Good luck.

MnTom

Redleg, I have had some problems with migraines years ago. I haven't had one of those "puker" type headaches for a few years. I hope that I never get one again. However, I have had a mild headache since Tuesday afternoon and here it is Sunday and I still have it. I have spoken to the state workers' comp. office and they said yes it would be covered. Next step is sitting down with an attorney. When I get done getting my "repair" proceedure done and when I feel like it................I'll post another picture. I will also be going to a local Union meeting the day after the repair to see what the Union is going to do too. I am wondering if the perp is going to be able to plead down the assault charge. Right now he is looking at a felony.
Tom

Cowhand

Fortunately it doesn't work that way. If it happened on the clock, WC has to pay for it. Otherwise lots of injured workers would have been fired before they hit the ground

Redleg

Sure, for ACCIDENT's, but what if they're trying to say he provoked a fight, and it's HIS fault. They have the expectation of maintaining a safe work environment. They're gonna make him prove he was acting in the interest of his duties, not walking around looking for a fight. The laws may be there to protect you, but they are acting on behalf of the insurance company. Just like any insurance, they're not going to hand you anything, until you hold them to it.

Cowhand

WC is no fault insurance. It makes no difference whether he "provoked" a fight or not. If an employee is injured on the job, WC pays the bill. The employer has little or no input into the claim review process. It is solely up to the WC carrier whether or not to accept the claim. If the carrier decides to reject the claim, then it will end up costing them many times what the original cost of the claim would be to defend their decision in court.

Typically WC will not deny a claim unless the injury was intentionally inflicted by the injured party, i.e., someone comitting suicide on the clock. WC will not pay the claim if you decide to off yourself at work.

Been at this for 15 years, and I've dealt with more than one of these.

Tom, you might consider a civil suit against these knot heads as well......

amartinson

Tom,

I was glad to see the latest picture since you went to the doctor today to have your nose re-broken and re-set.

They did a great job and I wanted to share the picture with all the members:

MnTom

GEEZ Andy.........That is downright CRUEL!!! You know I don't look anything like your brother. sheesh. You really need to go to your local Coke bottling plant to get new lenses for your glasses.

Redleg