QUESTION
Can I sue my employer over a work comp claim?
Asked on Jan 14th, 2013 on Labor and Employment - Alabama
More details to this question:
If I have sued the same employer in the past (2006) over a work comp claim on one limb and I have another work comp claim (6 yrs later) on the same limb, by law can I sue them again?
4 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes.
Answered on May 28th, 2013 at 12:31 AM
Employment & Labor Attorney serving Weston, FL
at
Behren Law Firm
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I think you can, but you need to hire a workers compensation lawyer.
Answered on Jan 15th, 2013 at 12:23 PM
You may be able to reopen the w.comp claim. You ask if you may sue. Usually suit referrs to a judicial action, in court.W.comp is an administrative action, as opposed to a judicial action. You may not also sue in court, since W.comp is the sole remedy against an employer for an on the job inquiry. I suggest you go see a w.comp attorney. Most work for a percentage. Often, the employer pays your legal fees.
Answered on Jan 15th, 2013 at 12:22 PM
James Eugene Hasser
If you have a new injury, you have a new claim. Aggravations of pre-existing conditions are compensable under the law. A flare up would not be compensable if you have already settled that claim. The difference between an aggravation and a flare up is a medical opinion for the Doctor and ultimately, a fact to be decided by the judge.
Answered on Jan 15th, 2013 at 12:21 PM