QUESTION
How can I file a personal injury lawsuit against a former employer?
Asked on Aug 22nd, 2012 on Personal Injury - Georgia
More details to this question:
I tore my shoulder rotator cuff. No attorney would help. They tell me to seek advice from another attorney. They also told me that my time is almost up and I would lose all benefits if I do not settle in of court or file lawsuit by 08/30/2012.
20 ANSWERS
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Contact an attorney who specializes in workers compensation law.
Answered on Jul 08th, 2013 at 12:13 AM
Steven D. Dunnings
Did you file a claim under workers comp?
Answered on Jun 13th, 2013 at 3:19 AM
2 Awards
Not knowing all the facts of your case it is impossible to point you in the right direction. I suggest you speak with a workman's compensation attorney immediately.
Answered on Sep 05th, 2012 at 2:02 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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It is not a personal injury suit but a workers compensation claim.
Answered on Aug 27th, 2012 at 2:57 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If your rotator cuff was torn as a result of your work (course and scope) and you were not under the influence of drugs or alcohol you have a good comp case and any worker comp lawyer will help you you may call the Industrial Commission in Raleigh and get claims forms and file the claim yourself.
You can likely get the forms on the IC website (but I have not check that) file it before the deadline for sure if no lawyer is willing to take your case it is probably that there are facts that you haven't shared with me.
Answered on Aug 27th, 2012 at 2:56 PM
Well you have to convince an attorney to take your case or forget the matter because a statute of limitations is a serious limitation on any claim. Did you give notice of the workers' compensation claim to your employer within 90 days of the original injury? If not that also is a limitation in Iowa under the workers' compensation statute. You'd better get busy.
Answered on Aug 27th, 2012 at 2:56 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If it was an on the job injury, you file a form 50 with the workers compensation commission. The forms are available on the SC Worker's Compensation commission website. If you were not on the job and it is not a workers comp claim, file a complaint in Common Pleas Court. some forms may be available on the SC Judicial department Website. If you ask for $7,500.00 or less, you can file in Small Claims (Summary Court). Just go see a local magistrate for this and they have the forms to fill out.
Answered on Aug 22nd, 2012 at 3:05 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Why is your employer responsible? Workers Compensation is the coverage that should apply. If your employer had WC insurance, you can't successfully sue your employer directly. WC is your only claim against the employer.
Answered on Aug 22nd, 2012 at 3:04 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Sounds like a worker's comp claim if you were injured at work. FILE THE CLAIM NOW.
Answered on Aug 22nd, 2012 at 3:04 PM
If you were injured on the job then you need to file a worker's compensation claim. Any attorney who handles work comp could help you.
Answered on Aug 22nd, 2012 at 3:04 PM
If you were injured on the job, you need to find a "workers compensation" attorney. A lot of personal injury attorneys do not practice worker's comp.
Answered on Aug 22nd, 2012 at 3:03 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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More than likely you will not be able to file a lawsuit in district court against your former employer for an injury that occurred while in the course and scope of employment. However, you will need to file something with the Worker's Compensation Commission as soon as possible. The only way around this being a WC claim would be if your employer intentionally injured you. You would have to have some strong evidence that the act was in fact intentional.
Answered on Aug 22nd, 2012 at 3:03 PM
Slander and Defamation Attorney serving Tucker, GA
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Law Offices of David W. Hibbert
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It will depend on the State you are in, as to any right to file suit against a co-worker. Such actions are often barred by Workers Compensation laws.
Answered on Aug 22nd, 2012 at 3:02 PM
Ronald A. Steinberg
This is a workers compensation case. You have to follow those rules.
Answered on Aug 22nd, 2012 at 3:00 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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If it's your former employer you are stuck with worker's compensation as your sole remedy. Good luck.
Answered on Aug 22nd, 2012 at 3:00 PM
If this is a workers' compensation case you need to get a form 3 on file.
Answered on Aug 22nd, 2012 at 3:00 PM
You should contact the local bar association for legal referrals.
Answered on Aug 22nd, 2012 at 3:00 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Worker's comp covers medical expenses and time out of work. You cannot sue your employer for negligence. If you have a permanent injury, you may be able to get a "schedule award" which is based on a formula depending on the extent of your disability. Depending on what caused the accident, there may be another possibility, if there some party other than your employer who caused the accident, such as a janitorial company or repair service. Accidents that occur on construction sites or car crashes during the course of employment have particular rules as well. If each attorney you talk to tells you to seek advice from another attorney, maybe that tells you something.
Answered on Aug 22nd, 2012 at 2:59 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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There is no suit permitted against an employer. It is Worker's Compensation case only.
Answered on Aug 22nd, 2012 at 2:59 PM
Houston D. Smith III
Generally, injuries incurred in the workplace are covered exclusively by worker's compensation laws, and employees are not allowed to file tort suits against their employers for injuries on the job. Also, unless your employer was responsible in some specific way for your injury, a tort claim would likely fail even if you were allowed to file suit. The simple fact of the employer being your employer when you tort your rotator cuff is not enough to create liability against the employer.
Answered on Aug 22nd, 2012 at 2:59 PM