Medico Legal compensation processes

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6 years 9 months ago - 6 years 9 months ago #20160 by Collins
Replied by Collins on topic Medico Legal compensation processes
Hi Mary

I certainly don't want to compare myself with anyone in any condition, even those better off than me as every situation is different and cannot be compared and clearly I should not have used any example as I knew it could/ would be taken the wrong way.

My inadvertent use of quadriplegia was merely to try to get an understanding of the assessment system that lawyers use in this comparing system that lawyers use - nothing more.

As stated previously, I will say it again - please excuse my ignorance when it comes to quadriplegia, it was ignorant to believe that they had no feeling from the neck down as what I had believed, but this was not the point, it was merely to try to get an idea of how this comparing system works.

I regret being injured in the workplace period and there is no guarantee even after 12 years I will still get somewhere.

The system only picked me up when I was classified as TPI 3 or so years ago by the government, before that I was nowhere with nothing and hence lost my property and house etc - it has been a long road for me in rebuilding from losing everything and I have faced the stigmatisation that we all feel from not being in a wheelchair, no matter how stupid it seems when things could be much worse like quadriplegia, however I know that many here will understand what I am saying.

This is one for the lawyers as I pointed out last post and so I regret posting in the first place.

I apologise to anyone who has quadriplegia if they felt offended by the context used, that was not my intent as I have had relatives dear to me suffer from quadriplegia (they just could not talk)- the context was only in trying to understand the comparing system being used, I could have used any example such as a person without an arm but in order to get some proper context I used a very extreme example. Seems I have to write a book whenever I post to try to explain the context being applied without offending someone, somewhere, its part of the greater problems I have communicating. I will try to post less as I do not want to appear out of context as much as I do as I am a very genuine and sincere person for those who know me personally and would never want to offend anyone, regardless of condition. My post was not meant in bad taste.

Sincere Regards
Jamie

One of the silent voices, supporting CPA
Last edit: 6 years 9 months ago by Collins.

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6 years 9 months ago #20223 by Aetherone
Replied by Aetherone on topic Medico Legal compensation processes

Collins wrote: I trust my lawyer is looking after my best interests

OK, lets start by saying: I am not a lawyer.

However, my understanding of compensatory legalese is that there are several avenues of compensable damages (Lawyers call these "heads of damage", IIRC).
Pain and suffering is just one of these. Some others are ongoing/future medical costs, lost of earning potential, loss of comfort for your partner and more. I think there's 7 different legally recognised aspects of compensation.
In many states, insurers have successfully had P&S legislation changed to cap the total amounts in response to excessive P&S payouts in the past.

Has your lawyer covered any of this?
Are you legally in a position to be compensated for someone else' negligence?

Collins wrote: What is more painful than nerves that are impinged?

I'd guess a CNS that's totally out of control and signalling pain from within the spine and/or brain.

Collins wrote: If your say in a wheelchair and quadriplegic than I am under the impression that you cannot feel pain from the neck down.

While you're physically unable to receive sensory information from below the break, there's nothing at all stopping the rest of the SC and/or the brain deciding to make up for the lack of sensation by going utterly bonkers with pain sensory overload.
Broadly, this is the same as "phantom limb pain" where an amputated limb is still sensed.
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6 years 9 months ago #20226 by Collins
Replied by Collins on topic Medico Legal compensation processes
Thanks for your wisdom and input on this Aetherone!

Greatly appreciated! You have pointed out a lot for me to consider!

Yes - this was from negligence - I pointed it all out prior to the incident that is was not conducive to OH&S
- Simply put - I was ordered to do it with others but I was the one that copped the injuries!

I have actually left this is the hands of my psychologist at the moment - a great person who cares - I would be lost without her!

I don't need any stressors at the moment due to health issues - I have to step back more and let fate be my destiny

Thanks a lot for your timely wisdom!

Jamie

One of the silent voices, supporting CPA

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1 month 1 week ago - 1 month 1 week ago #30536 by gepsaro
Replied by gepsaro on topic Medico Legal compensation processes
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Last edit: 1 month 1 week ago by gepsaro.

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