What the hell are you talking about? What makes you think I am going to lose them? I don’t know what kind of family dynamic you come from, but ours sticks together through thick and thin.
You’re the one who said you “have nothing left to lose”. Whether you can see it through the whining, you DO have your family. At least until you drive them away with your obsession.
The reason for your lost wages is the injury, right? What other cause of action would you have?
When you’re within the fold of Worker’s Comp, you don’t need to litigate or prove negligence to get your compensation. That’s the benefit employees get out of the deal. Once you’re outside that worker’s comp cocoon the employer’s liability is unlimited but your case becomes a lot harder too. I’m not a lawyer or Canadian but that’s been my experience as a businessman.
Well thanks for the arm chair diagnosis, but I have no idea how you can say that without knowing me. I have explained what the doctors have said and none of them agree. I have given examples of symptoms, I’m just not comfortable going into the ugly details of them. I have had issues with anxiety and I have them completely under control. Depression, hell ya, I’m not the happiest guy on the world, but it’s more a situational depression than a clinical depression.
Once again, you don’t know me, so that opinion is kinda useless. I already said, it’s the doctors whop say I am not capable of working.
I was referencing a question, when I mentioned my wife, I didn’t go into details.
I explained the liability issues already.
I’m not sure you have read all that I have written.
Ok, thanks.
As I said before, my lawyer thinks there may be at least two third party suits here, one against my employer… I don’t want to go into the details here.
I understand what you are saying, but it’s a little more cut and dry than a personal injury case.
Well good luck with everything. I understand Seanette and some other posters may seem harsh, but I think the advice to focus a little more on family happiness and harmony could only be a positive change. Sure, we don’t know your family, but I’m sure the last 8 years have been hard on everyone.
So you didn’t lose any money, you just didn’t get the extremely optimistic number the lawyer threw out when he took on the case. BTW, this is what happens 95% of the time. As estimate of the value of your case is not a guarantee. It is an opinion. An opinion based upon experience and other factors, but still only an opinion. Anything can happen.
No, you don’t understand. You are so busy clutching at straws you can’t see the entirety of your situation. They have money for experts and other things of a caliber that you will never be able to afford or match. There may be liability issues. They are the custodian of all the records, of which you have zilch. From everything you have said, you have major hurdles that would have to be overcome and lawyer after lawyer has told you sorry, but you think you can afford to do it yourself?
I might get flamed for this, but it seems that anybody able to write such posts and engage in debate would be capable of doing something that involves words and typing on a computer. From transcription work to manual writing to, hell, sending out carefully-crafted spam, you’re surely capable of earning another $5-15k/year on top of your current payments (assuming the $30k figure was correct.)
And 8 years of that, starting at the very beginning of the Social Media age, would have paid a lot more than you would have earned from this legal pursuit.
I have a question: In Canada, if you got a job, would that income threaten your 75% disability payment?
It was not the lawyer that came up with the number, it was an actuarial service, that took into consideration future lost wages, tack on future medical expenses and pain and suffering. Of course we did not expect to get it all, but if we could have waited to go to court, it would have been a lot more. This really is not about her, so I would like to stay away from it if we can. thanks.
I am fully aware of this.
Not sure what this means, could you clarify?
Yep.
One thing I have always been able to do is talk, it’s just my personality, it’s hardly a qualification for a job. I maintained a 98 average in technical writing while in school, but there is no work in that business here where I am, and it would hardly be something I could make a living at.
I would not be allowed to pad my income like that.
Hindsight is 20/20
As far as I know, as I explained before, the 75% disability payment is only worth about $500.00 a month. What they tell me is that if I returned to work I would keep the $500.00, but I would lose the rest of it.
Then either you are stupendously wrong in your assessment of your situation, or you have more than enough money already.
Well it must be the first one.
Forgive me for not weeding through all your answers. Could you spell it out for me exactly what you’d lose if you got another job?
JFLuvly, I have been following this thread closely as I find it interesting. As far as I have determined, these are the facts.
- You were injured on the job
- Your employer did not have worker’s compensation insurance on you at the time, in violation of the law and company policy.
- The accident was not reported through proper channels (no fault of yours)
- Your employer, through means that may or may not have been legal, was able to get coverage and somehow make the effective date retroactive to the date of your accident.
- The combination of worker’s compensation and LTD benefits is only about a third of your pre-accident income, and provides barely a sustenance living, especially as compared to your former income potential.
- If your employer was not covered by WC insurance, you could have standing to sue for much larger amount, even approaching your former income (under some form of negligence for not carrying the insurance)
- As it is, since they shadily back dated the insurance coverage and failed to report it correctly, you have little to no evidence that they did anything wrong
- You have physical and mental injuries that persist years after the accident (medically documented) that prevent you from obtaining gainful employment.
- You feel entitled to more money (all of your lost wages?) due to the company’s negligence. Not clear if you feel this is simply owed as a matter of course or punitive in nature.
- You have not been able to find a lawyer willing to pursue this for you.
Could you please confirm and/or correct any of these above statements before I continue? Thanks.
Well, I understand what this guy is saying.
Basically, they did not have WCB coverage at the time of the accident. This oversight would have allowed him to collect far more money by pointing this out to a court of law and asking for recompense for their oversight.
However, what they did is finagle the system on several levels to instate WCB coverage so that their asses are fine - and reducing his payout as a consequence.
He feels entitled to more money because he IS entitled to more money due to their oversight. If they were operating above board he would’ve gotten everything he has right now. The point is they were NOT operating above board, which legally entitled him to more. That is, until they covered it up and said everything was fine.
I believe the point he was trying to make for WCB vs Working is, if he chooses to go out and work he loses all WCB except $500 a month, forever. Given his condition, nobody, including his doctors, believe he is capable of working a job that would pay more than WCB is paying right now. There is no point in him going out to work if it means he loses all his coverage AND makes less money WITH more stress on himself.
To spell it out, if he got a job his WCB payments would lower from $30,000 to $6,000 a year. He would need to be able to work a job making at least $24,000 to equal his current WCB payments. The doctors do not believe he is capable of it.
We can say “well you seem healthy enough” but he’s said over and over that dozens of doctors have said otherwise. How are we smarter than doctors in this regard when we can’t even see him?
That being said, I don’t know what you should do. It doesn’t look like something you can win, regardless of the facts. They made a big mistake and you deserved to profit by it according to the law - until they covered everything up. I guess at least they covered it up in a way that didn’t deny you everything. Personally, I probably would have moved on years ago and figured something out.
Thank you, I could not have written this better myself.
You are correct in everything you say except for number seven, I do have some evidence that they did something wrong, and I am sure that a disclosure would present more.
Number nine is a little confusing to me, to be honest I would be happy to just prove the wrong doing, to start with. I really don’t know how much money I could get, but I’m pretty sure it would be more than I have now. I’m not trying to be greedy, I’m not trying to get rich quick, I just feel that I am entitled to more than I am currently receiving.
Macca26 has spelled it out pretty good.