QUESTION

I was injured at work and my injury forced me to drop out of school, can i sue for to cover the loans i now have to pay back?

Asked on Jan 06th, 2014 on Personal Injury - Pennsylvania
More details to this question:
I was working in my store's walk in cooler, when a stack of soda cases hit me in the head. They were trays of 24 once bottles that interlock however but the top case was a loose plastic wrapped 24 once 24 pack. The stack of soda was taller than i am (i am 5ft 9in). The soda was all Coca-cola brand soda and was stacked in the cooler by their delivery driver. I was the first one since then to touch them since delivery. There are other employees who can confirm these details. It happened on Oct 2 around 3 am. This led to me suffering a concussion. The damage to my brain limited me to the point where i could not function in work, school, or very little else. After dropping out, I will not have the means to pay my loans back in time to return to school for a few years as federal loans where the only way i can afford to go to school. I am also receiving workman's compensation for the injury but it obviously does not cover school loan repayment.
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2 ANSWERS

Bicycle Accidents Attorney serving Erie, PA at Bernard Stuczynski Barnett & Lager
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With a Pennsylvania Workers' Compensation claim, you are limited to receiving compensation for a portion of your wage loss and for your medical bills. You are typically precluded from suing your employer for these other sorts of losses you described. You might, however, have a third-party claim against another individual or entity, like the driver you described. In these sorts of cases, other categories of damages are available to you. This all depends, of course, of the liability of that third party. The only way to know if you have a viable third-party claim is to speak with an attorney and go over the facts in more detail. There is not enough information in your post to give you an accurate analysis. That said, you should speak to an attorney about your workers' compensation claim anyway. Even though you are receiving payments does not mean that your claim is being handled appropriately or that the workers' compensation carrier is not going to prejudice your rights. Lawyers, like myself, who handle these sorts of claims, generally offer free consultations and do not charge hourly--only on a contingency basis. As such, I encourage you to speak with an attorney as soon as possible regarding your issues. I would be happy to speak with you myself. Alternatively, contact your county bar association and ask for an attorney who practices in both personal injury and workers' compensation law.
Answered on Jan 06th, 2014 at 4:17 PM

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IF, and this may be a big if, evidence can be developed that no one disturbed the cases that were stacked after they were stacked by the delivery driver, AND that they were stacked negligently, you would have a claim against the delivery driver and the company for whom he worked. Given the severity of your injuries, it would certainly appear that investigation of your potential claim is warranted.
Answered on Jan 06th, 2014 at 3:58 PM

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