QUESTION
Do I have a case if I was hurt on the job?
Asked on Sep 25th, 2013 on Personal Injury - Missouri
More details to this question:
I was hurt on job. Medical was covered in house. Never used workers comp. I used my own short term disability. I ended up with 3 major back surgeries. I took buy out from employment reduction surgeries which led to total disability. Is there any suit I can file? I did go through in house medical at work for 1 year.
13 ANSWERS
William M Stoddard
No, workers comp is the only remedy for persons hurt on the job, unless the injury was caused by someone else than your job environment. If you are a truck driver and go onto xyz plan site to unload, but their job site is unsafe and you get hurt, well you have a claim against them, but not your employer. Workers comp was passed as a law when unions and employers came to an agreement that anyone hurt in the work place should get their medical bills paid and some might get loss of use payments or pensions (like retiring early) from the worker comp fund. This way everyone got something, even when there was not a fault party. Please understand, some people get hurt not because the employer is at fault, but because work can be a dangerous activity. Workers comp became law in the 1930's. Why did not you not open a workers comp file. This may have been a mistake. One can reopen such claims within 7 years if there has been a change in the condition of the worker and or his injury. You say you are now disabled, so I presume you are getting SSDI. Are you getting food stamps too? Do your benefits cap out below what might give you some SSI too? You question raises several more in my mind.
Answered on Sep 28th, 2013 at 12:33 AM
Ronald A. Steinberg
Yes. Workers compensation.
Answered on Sep 27th, 2013 at 7:50 AM
James Eugene Hasser
In Alabama, if you were hurt on the job, you have a comp case. You can file it within 2 years of the accident or last payment of compensation, whichever is later. There is no time limit on filing a medical claim. The fact you put the bills on the medical insurance doesn't bar you from making a claim, but it probably won't help. You might want to consult a workers compensation lawyer. Good luck.
Answered on Sep 26th, 2013 at 10:33 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Hate to sound ignorant but what on earth is employment reduction surgery? You have a worker comp case. don't know whether you have compromised it further or not. why don't you see a good comp lawyer and tell him the whole story. He can make sense of it.
Answered on Sep 26th, 2013 at 5:29 AM
NA richard@jandjlaw.com
In Washington, you have up to one (1) year from the injury date to file an Accident Report / an Industrial Insurance claim, either State Fund or self insured employer. Sometimes, people are better off not to make Ind Ins claims if they have good health and disability insurance coverage. Plus if you do NOT make a work comp claim, then IF your employer or a co-worker was negligent and caused you to be injured, then the employer / co-worker may not have immunity from a civil claim for your injuries by you against them. You should definitely talk to an experienced tort lawyer about your case.
Answered on Sep 26th, 2013 at 4:55 AM
Regulatory Attorney serving Spokane, WA
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Deissner Law Office, P.C.
You can't sue the employer, they are immune. Maybe you could open an L&I claim.
Answered on Sep 26th, 2013 at 4:48 AM
This should have gone through worker's compensation from the start. I would suggest you contact an experienced worker's compensation attorney in your area. You would not be suing anyone - you cannot typically sue your employer. If there was another party responsible for your injury (other than your employer, a fellow employee, or yourself), then you may have a claim against that other person or entity.
Answered on Sep 26th, 2013 at 3:24 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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You would want to sit down for a free consultation with a Michigan lawyer that regularly handles on the job injury cases. Generally worker's comp. is responsible for a portion of your wage loss and all your medical care expenses. As far as I am aware, they remain liable for same into the future as long as a doctor indicates that your care and any disability is from the on the job injury. Oftentimes the work comp insurer will offer to redeem your case by paying a few years of benefits in a lump sum so they can close their file (a redemption isn't always advisable, which is why you would want to consult with a lawyer to explore your options/get an opinion on the best way to go). Sometimes there is a 3rd party, someone other than the employer/co-employees, that are a causative factor in your incident and they can be sued under the right facts/damages. Again, a consultation with a Michigan lawyer that regularly handles the type of occurrence that befell you is a smart way to go in my judgment.
Answered on Sep 26th, 2013 at 3:22 AM
Personal Injury Attorney serving Mission Viejo, CA
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Law Firm of Rivers J. Morrell III
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If the injury was caused by something, or somebody other than a fellow employer, or your employer, then you might be able to file a lawsuit, otherwise, you are limited to workers compensation. And you have 2 years from the date of the incident to file a lawsuit against the other company or person who caused your accident.
Answered on Sep 26th, 2013 at 3:16 AM
4 Awards
You need to contact a workers compensation attorney for an appointment. You did not mention a date of incident and therefore I encourage you to move on this immediately as there are time limits on claims.
Answered on Sep 26th, 2013 at 3:16 AM
You have to go through the Workers' Compensation system. In California you must bring a claim within 1 year of the injury or any benefits being provided. You probably need a WC attorney to handle your case. They will charge between 10-15% of your permanent disability recovery.
Answered on Sep 26th, 2013 at 3:09 AM
Thomas Edward Gates
Your recourse was workman's comp. Which you chose not to use. You do not have a case.
Answered on Sep 25th, 2013 at 12:32 PM
School Law Attorney serving St. Louis, MO
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The Law Offices of Mark J. Dean
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You have a workers compensation claim. The question is a bit confusing as to what was covered (if anything) via that and/or if you have settled the workers compensation claim. If not, I would contact a local workers compensation attorney immediately to protect all your rights. The 25% contingency fee will most likely easily pay for itself (and many times over) v. what the employer's insurance carrier would try to get you to agree to if you are not represented.
Answered on Sep 25th, 2013 at 12:08 PM