QUESTION
I hurt my back falling off a ladder that had wd-40 oversray on it. I also have a hernia from lifting an ac unit that was over 120lbs. I work overnight
Asked on Nov 18th, 2011 on Personal Injury - New Jersey
More details to this question:
...I work overnight by myself with no help and I reported each accident to my supervisor. I also went to hospital ever time I was hurt but I paid out of my own pocket. My hospital records are basically my evidence and my supervisor never filled out paperwork for workmans comp. I continue to work hurt and I m in constant pain even just driving into work which is in an hour commute. I feel as though if I push the issue with workmans comp I ll be fired. I work hurt becasue all I can think of is keeping a roof over my family''s head. What do I do? He was negligent in providing me medical care, I paid my own medical bills, and I still continue to work hurt.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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The legal analysis is that you have a valid workers compensation claim, and you should be getting temporary disability benefits so that you can take off time from work and medical care paid for by the compensation carrier. Additionally, depending on the nature of your injury, you may have a claim for permanency under the workers compensation statute. Finally, if your employer fires you, you will have whistleblower's claim because your employer cannot fire you for asserting your statutory rights.
At the same time, these are claims. Workers compensation benefits are less than what you earn, and while you will have a whistleblower's claim against your employer, you will have to pursue that and litigate it over time, so factor that into your decision making process.
Answered on Nov 19th, 2011 at 8:32 PM