QUESTION
Do I have a case if I was injured while at work?
Asked on Mar 06th, 2013 on Personal Injury - Florida
More details to this question:
I am a home health aide. I have a concussion from a client’s home. The son said I upset a wheelchair backwards and hit my head. I am 5' tall and only weigh 128lbs. It is highly impossible to upset a wheelchair backwards and I think the son may have upset me. I have memory loss of what happen. Do you think I could have a case?
14 ANSWERS
As far as your employer's liability, the only recourse would be to file a worker's compensation claim. If you can prove anything, you may also have a claim against the client. If the client has homeowner's insurance or assets, you should look into suing the client.
Answered on Mar 08th, 2013 at 11:35 PM
Under Indiana law, if you were injured on the job you can make a claim for worker's compensation benefits. If you can prove that your injuries were due to the negligence of the son, then you might be able to make an additional claim for personal injuries against the son.
Answered on Mar 08th, 2013 at 1:16 AM
Ronald A. Steinberg
If you become ill or injured, and the illness or injury arises out of the employment, then you may file a workers compensation case. They must pay the reasonable charges for all necessary medical treatment. If the illness or injury prevents you from performing any gainful employment, then the comp must pay you while you are so disabled.
Answered on Mar 08th, 2013 at 12:39 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Regardless of whether you were at fault or not, you have a workers compensation claim, so hire a good workers compensation lawyer right away.
Answered on Mar 07th, 2013 at 2:21 PM
Thomas Edward Gates
You can file an L&I claim.
Answered on Mar 07th, 2013 at 5:22 AM
Insurance Defense Attorney serving Oceanside, CA
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Manuel J. Rodriguez
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You very well may have a workers' compensation claim for benefits. Whether you were at fault for the accident with the wheelchair does not matter at all. Workers' compensation is a "No Fault" system. Even if you were at fault, you can still receive workers' compensation benefits so long as you did not injure yourself intentionally. There are many factors that affect your rights and obligations relative to your work-related injury. If you are interested in protecting your rights and pursuing appropriate remedies, you should consult with an attorney.
Answered on Mar 07th, 2013 at 5:22 AM
James Eugene Hasser
If you were hurt while you were working, you have a potential comp claim. You should report it to your supervisor right away. The employer gets the initial choice of physician and will tell you where to go. If the Dr pulls you from work you'll be entitled to comp until you reach maximum medical improvement in your condition. If you have a permanent disability, they will owe you for it. Good luck.
Answered on Mar 07th, 2013 at 5:21 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Normally, it doesnt matter how the accident happened, if you are hurt on the job you have a workers compensation case.
Answered on Mar 06th, 2013 at 3:15 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If you are injured in an accident in the course and scope of your employment you have a worker compensation claim in North Carolina
Answered on Mar 06th, 2013 at 3:14 PM
Workers Compensation Attorney serving Torrance, CA
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Law Office of William S. Lindheim
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You have a case if you were injured while performing your duties as an employee doing home health care giving. The mechanism of injury certainly sounds consistent and thus you have a case. How much you will recover will depend on the level of permanent disability and temporary disabilty.
Answered on Mar 06th, 2013 at 3:14 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You have a compensation claim, but since you do not have memory loss and no independant witness, thats all you have.
Answered on Mar 06th, 2013 at 3:13 PM
Civil Litigation Attorney serving Fort Lauderdale, FL
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Angelo "Tony" Marino, Jr., P.A.
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If you sustained an injury on the job, yes.
Answered on Mar 06th, 2013 at 3:13 PM
You have a workers comparison claim. Notify your employer of the accident. They are required to pay for your medical treatment and time out of work.
Answered on Mar 06th, 2013 at 3:13 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Possibly, if you are injured on the job and in the course of your duties you most probably have a Workers Compensation claim.
Answered on Mar 06th, 2013 at 3:13 PM