How do we get a personal injury settlement from the employer?

Question

My sister was hit by a truck while taking out the trash for a fast food restaurant. It was in their parking lot when the truck struck my sister, breaking her hip. Now it is a year later and we are trying to figure out what to expect and the kind of process.

Reza Torkzadeh · Answer

There are many issues involved in your sisters case including potential worker's compensation and third party liability claims.  This is not something that she should try to handle on her own.

Donald Broad · Answer

In Indiana, her only recourse against her employer would be work comp. However, she would still be able to sue the driver of the truck that hit her.

Sam Louis Levine · Answer

Dear Brother of Sister Hit By A Truck,  Advice to you online would not do your sister justice.  You & your sister need to speak to an attorney.  There are many legal issues at play here as well as deadlines.  Among the many issues are past, present & future pain & suffering as well as past, present & future medical bills.  Impairment is also a significant issue that needs to be dealt with.  Please consult with an attorney that is accessible & compassionate.

William Spern · Answer

Your sister should be on worker's compensation for her work related injury. She should also be filing a suit against the owner and driver of the truck unless the driver was a fellow employee in the course of employment and the truck was owned by the employer. Your sister should seek the services of a tort lawyer immediately.

Ronald Lowry · Answer

Hire a lawyer and file suit. Until your sister does that they will not take the claim seriously.

Yvonne Griffin · Answer

In Virginia, injuries at work are handled through workers' compensation. If the truck was part of the fast food operation, workers' comp is probably your sister's only recourse.  If the truck was being driven by someone not associated with the business, your sister may have a claim against the driver of the truck in addition to her workers' comp claim.

Paul Whitfield · Answer

You appear to have a good worker comp case. Has it been reported? Has the carrier paid the medical bills ?if not it should be reported to the NC Industrial Commission in Raleigh on a form 18. Has she been paid her lost wages (2/3s)? she should be paid a lump sum when the doctor releases her for any unpaid wages and for any permanent injury.

Timothy Klisz · Answer

It is solely a workers compensation case and should be handled with a lawyer.

Bernard Huff · Answer

Your sister, the injured party, should consult with a plaintifrf's worker's compensation lawyer for specific legal advice and direction regarding her claim against her employer.

David Rechtman · Answer

Georgia law provides no means to bring a personal injury claim against an Employer.  By law, your sisters exclusive remedy is workers compensation benefits. Have your sister contact an attorney concentrating in workers compensation law, such as myself, to talk about the specific details of her injury at work.  A workers compensation attorney will be able to determine what remedies might be available under the workers compensation laws.

James Kelaher · Answer

If she was employed by the restaurant, she should have made a claim for workers compensation benefits. If you know who owned and/or drove the truck, you have 4 years in Florida to file a lawsuit against them for your sister's personal injuries, but start by making contact with their insurance company and see what the insurance company is willing to do....and always, see a lawyer. Most personal injury lawyers do not charge for an initial consultation so you have nothing to lose.

Nancy Wallace · Answer

You have described a workers' compensation claim against the employer.  You may not pursue a 'personal injury' civil lawsuit against an employer, only workers' compensation.  Only the Treating Physician's final report and the Panel Qualified Medical Evaluator's reports are admissible to prove Temporary Disability, Medical Treatment requirements, Permanent Disability and future medical treatment needs.  So get the Treating Physician to write the final report, get it rated, and ask about double the dollar value of the Permanent Diability to cover future medical requirements... smarter still, HIRE A CERTIFIED SPECIALIST IN WORKERS COMPENSATION BEFORE ANY MORE TIME PASSES.

Bruce Elliott Goodman · Answer

Unfortuanately your question can not be answered without ascertaining additional facts regarding the truck that hit your sister and how the accident occurred.

Stephen Lombardi · Answer

Okay, your sister may have a decent claim, but you I'm not so sure   of any claim you may want to pursue. For your sister it's not so simple  because  she probably has two claims; one having to do with workers'  compensation and the  other from the driver and owner of the car. What the heck was  the driver looking  at anyway? Certainly a young woman walking across a  parking lot carrying a bag  of trash isn't likely to be moving very fast. The  driver should have seen her.  But that aside she needs a lawyer. Her  claims/cases are complicated by the  intertwining of the two cases and she should hire  a lawyer who understands both  areas. We do and if we can help give us a  call. We've done this kind of work for  over 30 years and can get her a decent  recovery. If we don't hear from you good  luck.

Irving Blank · Answer

She needs to file a worker's compensation claim against her employer.  If truck driver did not work for her employer, she needs to sue him.  She may be running out of time so talk to a personal injury lawyer ASAP.

Mark Leonardo · Answer

Seems like you would have a workers comp case against the employer since it occurred on the job.  But you might also have a claim against the company that owns the truck.  You need to speak to a workers comp attorney and a personal injury attorney to sort out your rights.  Your remedies in workers comp are limited and are much broader against the trucking company.

Michael J. Leizerman · Answer

If the truck was driven or owned by somebody other than her employer who was driving through the parking lot, your sister can bring a claim against the driver of the truck. Also, she can bring a workers' comp claim since she was injured while on the job. It often works best to make the comp claim in order to receive income and have medical bills paid, then pay comp back out of the claim for the truck accident. Good luck!

Jeffrey Lapin · Answer

Your question, while involving employment, actually seems to be about workers compensation and possibly a personal injury case. The details provided about your question make it difficult to provide a completely thorough answer as it does not contain a lot of important information such as your sister's injuries, where the incident took place (which State), who was driving the truck, did the employer have workers compensation insurance. As such, a general answer will be given.  Assuming this occurred in Nebraska, your sister would be entitled to workers compensation benefits. These benefits may include payment of medical expenses, temporary total disability (TTD) benefits, permanent partial disability benefits (PPD) and possibly other benefits as well. Either the employer or its workers compensation insurer should be paying all of the work comp benefits your sister would be entitled to. If your sister does not make a full recovery from her injuries, she may be entitled to permanent disability benefits. She would need to obtain an impairment rating to determine how much money she would be entitled to. If your sister and work comp can agree on a doctor to determine her impairment rating and both agree that the impairment rating given is accurate, work comp would pay your sister permanent partial disability benefits depending on the rating. If there is a disagreement, either work comp or your sister could file suit in the Nebraska Workers Compensation Court and ultimately let a judge decide what your sister is entitled to.  In addition, your sister may have a personal injury (third party claim) against the truck driver and other parties as well. Your sister would have this additional claim if the truck was not owned or being operated by another employee of your sister's employer, i.e. one of her co-workers was driving the truck. If your sister was injured by a truck driven by a customer, assuming the truck driver was at-fault, your sister could try and settle with the truck driver's insurance company. If that is unsuccessful, she would have to file suit against the truck driver.  Again, this is just general information based on the limited information provided, which could change depending on additional facts.  This answer is not a substitute for professional legal advice and does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to you or your sister's interests. Your sister should seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect her rights. If she believes she has a claim against someone, she should consult an attorney immediately, otherwise there is a risk that the time allotted to bring her claim may expire.

Thomas Patton · Answer

It sounds like this may be a third-party liability case. If the truck and driver that struck your sister was not employed by the same company, then you can achieve a far more favorable settlement than you could through workers compensation. If you consult with an attorney, you will understand that you can sue the third party directly, in addition to any work comp benefits she has received. They will have a lien that needs to be paid back, but an attorney will recover far more than the lien, and far more than you could obtain from work comp.

Eric Rothstein · Answer

Your sister can only get worker's compensation from her employer. If the truck was driven by someone who doesn't work for the employer, your sister can sue for pain and suffering, etc.

Orman Kimbrough · Answer

Your sister may have more than a worker's compensation claim.   Though she was at work when injured, she may have a valid claim against the driver and owner of the truck that hit her.  Also, if that person was in the course of employment, that employer may have responsibility to your sister.   There could be other automobile uninsured motorist coverage that would apply. It would be wise for your sister to speak to a personal injury attorney who can review the specifics of her case and advise her how to proceed.

Brian Bourke · Answer

In California she would be covered by Workers Compensation Insurance which would provide benefits for payment of medical bills, temporary disability for time off work and a permanent disability settlement.  She would also have her own personal injury claim v. the negligent driver.  She would need to present that claim, not her employer.  She should consult with an attorney right away to enforce her rights in these tow (2) claims.

Michael Mckell · Answer

Your sister can bring a worker's compensation claim because the accident happened while she was at work.  Your sister could also bring a third-party claim against the trucking company assuming the trucking company is not your sister's employer.  Good luck!

Thomas Bulman · Answer

It should be a workers' compensation claim.  There is no pain or suffering or full wage loss damages.  If she returns to the restaurant or is capable of similar work, there will be not significant settlement.  Each case is different so the best thing for her to do is get back to work as fast as she can and see if she has problems.

Steven Shaw · Answer

Your sister's claim is against the truck that hit her, but probably not her employer.  In Washington State, employers are exempt from suit in most situations.  Your best bet is to speak to an attorney with experience in dealing with auto injury claims and worker's compensation.

Spencer Farris · Answer

Your sister should talk to a trial attorney. If she was hurt by a third party while working, she has a workers' compensation claim to pay her medical and lost wages, and a personal injury case as well. Both of these are difficult on their own, but with two cases, professional help is essential to her if she wants to recover her losses.

Kevin Habberfield · Answer

No too clear on the facts but, if you sister was injured by her employer (co-employee driving the truck) = worker's compensation claim. If you sister was working and was hit by someone she does not work for (some third party), she needs to file with worker's compensation but, can proceed with a personal injury claim against the driver of the that truck. You need an attorney to sort this out for you.

Steven A. Schwartz · Answer

This sounds like a complicated matter.  Clearly, this is a worker's compensation situation because your sister was in the course of her employment.  If the accident was her fault, the only recourse is worker's compensation.  However, if the accident was the truck driver's fault, then there is also a claim against that driver and his company for pain and suffering.  Given the severity of your sister's injuries, I strongly suggest you contact an experienced personal injury law firm for help on this.  Your family should not do this alone - the insurance company could easily take advantage of you without representation.

Vincent Bernabei · Answer

You won't get a personal injury settlement from her employer.  She has a worker's comp claim against her employer.  She may have a personal injury claim against the driver and owner of the truck, but you should contact an attorney right away for a free initial consultation.

Kevin Elliott Parks · Answer

You need to contact a personal injury attorney to help you with the process, immediately. If it's already been a year, you may well be backing up to significant statute of limitations issues.  Additionally, your claim may involve actions against the employer for injuries, as well as the truck driver or the trucking company, in addition to worker's compensation or other legal issues potentially at play.

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