Hi all, im hoping someone can help me with my questions and thoughts.
From the beginning ....
We had saved enough money for a house deposit, found our perfect house, they accepted our offer and 2 days before we signed the papers my husband rolled a semi trailor truck during work. He was working night shift and was tired. At 100kms ph he took the turn too late and the truck kissed the road. He had previously been working too many hours and it is not legal to work more than 12. 2 nights before accident he worked 17hrs.
He was able to get himself out of the truck to only be put in a neck collor once the ambulance arrived. When taken to hospital they discovered that he had fratured the c7. He had no other issues except some cuts and stiches and was released from hospital 2 days later (after he could prove he could walk)
He was at home and not working with a neck brace on. at the 6 week mark he met with his neurosurgeon who decided the best action was to fuze the c6-c7, and clear out around the nerves by removing the disc, replaced with a wire cage and "filler". 7 weeks after the accident he had the surgery. All went great and he was able to remove the neck brace immediatly and go home the next day.
In total he had 3 1/2 months off work and we were receiving workers comp at 1/2 his wage since they didnt pay the overtime component of his wage. It has now been 4 weeks back at work on light duties. Hes seeing a physio atleast 3 times a week and often comes home sore and grumpy. He is doing less than 8hrs work most days, when he was doing 12+. He is now also having dizzy spells again (????)
My questions are these, Should we make a workers comp injury claim? ive read u can get a payout and have them still pay the hospital costs, is this the case? What sort of payout would we get? Is this a no fault claim? or is the boss liable for the accident?
Mostly i have read people having this surgery need to have additional op's due to weakening of the bones at fusion site, can anyone who has had the surgery comment on this.
Not sure on where to go from here, HELP