It was a full moon and a Monday I believe

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dennishoddy

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Yikes!
Tibular plateau fracture is what I have also!
Lost wages are my main concern because I exhausted all my leave with the last surgery (600 ish hours).
Sorry to hear of the accident. I still wear some scars from accidents at work over the years, but never sued the company or took workmans comp because I had the time to take off although others raped the process for minor incidents.
Yours is different. It was not caused by you, but by a proven workplace hazard. If you sue to recover just your lost wages and time off, be sure the lawyer fees, taxes, etc are included in the settlement. Don't sign the final waiver if there is any inkling of weakness, bad health care or whatever. They will offer a big settlement that looks inviting to buy that new truck, but your health is worth much more and if not done properly could result in money out of your pocket for future repair of the issue.
By Oklahoma law, you cannot be fired or punished for using workmans comp if its a legit claim.
 

chuter

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Yikes!
Tibular plateau fracture is what I have also!
Lost wages are my main concern because I exhausted all my leave with the last surgery (600 ish hours).

I advise you to seriously consider workman's comp and a lawyer; this could be a life changing injury.
I'm not a litigious person, but I'm glad I did, even if my lawyer was a douche.
IIRC, workman's comp will pay you monthly for a year.

Without the lawyer, I wouldn't have known I was entitled to a second doctor; without that I would be in much worse shape.
I really thought I might not be able to work a clutch pedal again (I was a mechanic at the time) or walk up and down stairs.
But the second doc did several debridement surgeries to remove scar tissue built up from being in a cast for 3 months.

I lost some range of motion, but now I can do everything I need to, and most of what I want to.
Each situation is different, and your injury might not be as bad as mine.
Good luck.
 

CHenry

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I advise you to seriously consider workman's comp and a lawyer; this could be a life changing injury.
I'm not a litigious person, but I'm glad I did, even if my lawyer was a douche.
IIRC, workman's comp will pay you monthly for a year.

Without the lawyer, I wouldn't have known I was entitled to a second doctor; without that I would be in much worse shape.
I really thought I might not be able to work a clutch pedal again (I was a mechanic at the time) or walk up and down stairs.
But the second doc did several debridement surgeries to remove scar tissue built up from being in a cast for 3 months.

I lost some range of motion, but now I can do everything I need to, and most of what I want to.
Each situation is different, and your injury might not be as bad as mine.
Good luck.
How much does WC pay on lost wages? Surely it isn't 100%
I have a top notch Dr at McBride so I have a high degree of confidence in him and hope it will be a simple surgery but I can't even get scheduled to see him untill they get a WC file so I'm playing this waiting game.
 

chuter

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How much does WC pay on lost wages? Surely it isn't 100%
I have a top notch Dr at McBride so I have a high degree of confidence in him and hope it will be a simple surgery but I can't even get scheduled to see him untill they get a WC file so I'm playing this waiting game.
I don't remember what the wages were, it's not 100%, and that was 20+ years ago so things may have changed.
 

Pstmstr

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Yikes!
Tibular plateau fracture is what I have also!
Lost wages are my main concern because I exhausted all my leave with the last surgery (600 ish hours).

Why do you have to use leave for an OTJI? Shouldn’t it be workers comp?


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Pstmstr

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How much does WC pay on lost wages? Surely it isn't 100%
I have a top notch Dr at McBride so I have a high degree of confidence in him and hope it will be a simple surgery but I can't even get scheduled to see him untill they get a WC file so I'm playing this waiting game.

Should be 75% tax free


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lasher

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How much does WC pay on lost wages? Surely it isn't 100%
I have a top notch Dr at McBride so I have a high degree of confidence in him and hope it will be a simple surgery but I can't even get scheduled to see him untill they get a WC file so I'm playing this waiting game.

have you filed a claim yet? if not, do so
 

Poke78

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Personal opinion and IANAL - this is a situation that exceeds WC due to repeated negligence by another and a failure to supervise. Just because it happened at work does not automatically make it WC, IMO. Walking down the hall should not be an expected hazard of employment. Lawyer up!
 

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