My question involves an injury that occurred in the state of: Wisconsin.
My wife was injured at work. She was on a sidewalk that was un even ( one section was higher than the rest causing a trip hazard ) in addition there had been freezing rain and the sidewalk at work was glare ice. But neither have the company ever tried to repair the trip hazard, or was the sidewalk salted or sanded on the icy day. She tripped/ or slipped and fell and was knocked out.
She was injured to the point she needed sholder sergury, and nor has CRPS/RSD
And has been determined that she can no longer really find any gainful employment.
A FCE (Functional Capacity Exam) exam that the comp company ordered her to get gave her restrictions of that if she was to work in ANY way, it would be a max. of 2 hours a day at the most. And this would have to be a sedentary desk type of job no physical work at all.
She is in incredible pain, and doctors have done all they can for her, other than pain medication. Which all that does is to knock her out. She is now a zombie for the most part. And when the pain meds don't work well enough she had contemplated suicide even!
It was a negligence part of the company. a sidewalk that is un even (tripping hazard from a raised portion) and Ice that was not salted or sanded. and she walked on it falling down causing the injury.
I'm being told that all we can do is to get them to pay for our medical costs? and nothing else?
What about loss of income.
how about pain and suffering for the rest of her life. she looks physically fine, it is nerve damage that can not be fixed. she is for the most part totally disabled now. but from looking at her you would never know it.
yet she because of this negligence of the sidewalk she was injured and is now a shell of a person and she gets absolutely no compensation for that at all?
You have to be kidding!
Two examples below,, how can this be soo very different?
A product company "xyz" makes, widget "qwe" due to a faulty design or manfacturer error or negledgence, widget "qwe" causes you great bodily harm , and for the most part you become disabled from the injury, to the point that doctors have done everything possible for you, and can not make you any better and you are in horrific pain 24/7 and you will not be able to get any employment for the rest of your life.
What kind of a settlement from a injury lawsuit do you think that person would get from something like that. I bet you can hardly imagine right?
now say a different person works for company "xyz" and ends up with injuries that are exactly the same, and has the same end result. BUT!! the injury happened at work due to again negledgence on the companies part. But it happened at work, so now this is a workmens comp case,,, what does this person get for a lifetime of un bearable pain and no way to work,
they get their medical bills paid to the date the case is closed then the injured is on their own from then on.
NOTHING ELSE! no pain and suffering,, no puiniative damages. NOTHING!!!!! They pay the bills and thats only after you have fought with them for years, over it.
what is wrong with this? Why should a product injury that was caused by product negledgence be any different than an injury that was caused by negledgence of the company to maintain a safe working place but you worked for the company.