QUESTION
Can my mother sue if she rushed her hand and dislocated her shoulder while working?
Asked on Sep 23rd, 2013 on Personal Injury - Florida
More details to this question:
My mother works in the automotive business. They make parts for Chrysler, Ford, and GM. Today she was in a terrible accident today. She crushed her hand and dislocated her shoulder. Can she sue?
13 ANSWERS
Her injuries are covered under worker's compensation laws for cumulative injuries. She needs to immediately report her?injury to her employer and file a claim for benefits such as temporary disability benefits.
Answered on Oct 04th, 2013 at 6:31 AM
James Eugene Hasser
Her exclusive remedy against her employer is for comp benefits. There are possible exceptions and other potential claims, but more detail as to how the accident occurred and why are needed. She probably should consult an experienced personal injury lawyer who handles both comp and third party cases.
Answered on Sep 26th, 2013 at 4:59 AM
Thomas Edward Gates
She must use the workman's comp system for relief.
Answered on Sep 26th, 2013 at 3:11 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, worker's comp is her only remedy.
Answered on Sep 26th, 2013 at 3:08 AM
Her remedy against her employer will be workers compensation. She may also have a remedy against the manufacturer of the machine.
Answered on Sep 26th, 2013 at 2:45 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In an on the job injury situation Worker's Compensation is available to pay a portion of lost wages and for medical treatment. She should make such a claim to her employer. Sometimes there is a viable 3rd party case if there is someone other than the employer/co-employees that was negligent and proximately caused injury to your mother. An attorney would need to investigate the facts of the loss to make a determination as to whether there was such a claim.
Answered on Sep 26th, 2013 at 2:40 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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No but she can file a worker compensation claim. See a good company lawyer.
Answered on Sep 25th, 2013 at 4:05 PM
School Law Attorney serving St. Louis, MO
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The Law Offices of Mark J. Dean
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Her sole and exclusive remedy is workers compensation. Her employer will (or should) provide medical care, but then will likely try to get her settle for a very low number. I strongly recommend getting a workers compensation attorney for this case asap to protect all her rights under the workers compensation law. The standard 25% contingency fee from the final settlement will more than likely easily pay for itself many times over v. what she would get going it alone. (Her employer will have its own insurance attorneys who are employed to keep settlements, if not downright denials, as low as possible, and they prey on unrepresented claimants.
Answered on Sep 25th, 2013 at 10:16 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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She can put in a comp claim. Worker's comp will cover her medical expenses and time out of work. She cannot sue her employer for negligence (even if they were negligent) and damages for "pain and suffering" is not available. If it turns out that she has a permanent injury, (which sounds likely, but will depend on treatment and recovery) she may be able to get a "schedule award" which is based on a formula depending on the extent of the disability and rate of pay, offset by payments received up to that point. If that comes about, she should get some advice as to whether the schedule award is her best option. Depending on the situation, she may be better off getting disability payments and having her medical expenses taken care of. There may be another possibility, depending on what caused the accident and exactly how it happened. Sometimes, industrial accidents come about because a machine was defectively designed or manufactured. If that is so, then she could bring a "products liability" case against the manufacturer of the machine. There could also be a possibility that a repair company other than the employer worked on the machine but did not fix it correctly. Obviously, professional help and extensive investigation will be needed.
Answered on Sep 25th, 2013 at 10:07 AM
Automobile Accidents Attorney serving Baton Rouge, LA
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Babcock Injury Lawyers
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Yes and No. She has a claim for workers' compensation, but she does not "likely" have a right to sue in court for a tort case.
Answered on Sep 25th, 2013 at 10:06 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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She would have a workers compensation claim against the employer. If the injury was casued by a machine or other product, she may have a sit against the manufacturer if it was a result of a dangerous design or other defect.
Answered on Sep 25th, 2013 at 10:00 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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She has a worker's comp claim and a possible negligence action depending on the facts. She should consult with an attorney.
Answered on Sep 25th, 2013 at 9:46 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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In Florida, her exclusive remedy for an on-the-job injury is workers compensation, unless the machinery on which she injured her hand was defective, and then she can bring a products liability claim against the manufacturer of the machinery.
Answered on Sep 25th, 2013 at 9:42 AM