screwed big time…and not in a good way

23 months ago I fell at my my place of employment while I was visiting my son who was a patient and tore my hamstring, a set of 3 muscles off my ischial tuborosity.patedu-10c It was confirmed by MRI that it was a complete avulsion and retracted 5 cm.

Who would think that this type of injury was not painful?

With or without surgery  who would think this injury is NOT permanant?

This is what it looked like 5 days later

lovely eh?

lovely eh?

This is considered NOT to be workmans’ compensation because I was visiting my son even though I was on the clock…honesty mistake number one.

So, my employer has made a very insignificant offer of compensation-so insignificant that I don’t feel it even covers the time I spent in doctors offices let alone my “pain and suffering”-which to be completely honest here has been considerable and chronic.

Enter legal advisor….he was aware that there is a 2 year limit on filing a lawsuit which we are fast approaching. I was prepared with moving forward with a lawsuit because I just thought the offer was insulting and soooo unfair.

Last night I recieved this email from my lawyer:

For personal injuries to be filed in the Circuit Court of Cook County and for personal injuries to be filed in the Illinois Court of Claims a complaint must be filed within two years of the date of the accident.  In your case, that means a claim must be filed by February 23, 2014.
For personal injury cases in the Circuit Court, no specific notice is required to be given to the entity being sued in most instances.  However, in the Illinois Court of Claims, a very specific written notice must be given to the Illinois Attorney General and to the Clerk of the Court of Claims within one year of the date of the accident (February 23, 2013 in your case) when the claim is against the University of Illinois.  Your claim is against the University of Illinois.
I did not file such a notice.  Because no such notice was filed, you will not be permitted to pursue your claim in the Illinois Court of Claims.   You have at least two choice: (1)  accept the $xxxx settlement offer and waiver of medical bills;  or  (2) make a claim against my law firm for failing to file the notice within one year.  You may wish to consult another attorney about your rights and bring him/her this email.  I deeply apologize for this oversight in not filing the notice.
If you decide to accept the settlement offer, I will waive my fee and not seek my expenses.  I await your decision

REALLY?????? what the bloody, fucking hell?????

Today in spite of my department being down 2 (out of 5) staff members, I am on a work sloooooow down

So pissed off and frustrated???????????????????????????????????????????????????????????????????????????????????????????

3 thoughts on “screwed big time…and not in a good way

  1. Definitely, get further legal advice as soon as possible. I used to work for personal injury attorneys, and find it quite discouraging that your attorney screwed up on filing the claim last year. But, what I’d really want advice on is whether you can get the kind of settlement my dad got for a work-related injury – all of his out of pocket expenses paid, including the past and for the rest of his life – that was the kind of settlement he wanted and that is what he got. He was younger than you at the time of his injury and needed medical care of one type or another for the rest of his life, so it was probably a good deal for him (although the attorney he hired wasn’t happy taht he settled for that).

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