QUESTION
If I got hurt 8 months ago I had a torn bicep and torn chest muscle can I sue my company or what can I do?
Asked on Apr 21st, 2014 on Personal Injury - New York
More details to this question:
I hurt my self at work. I need to know what can I do if a can sue or what steps to take.
17 ANSWERS
Ronald A. Steinberg
If you become ill or injured, and it arises out of the employment, you have a workers compensation claim. They are obligated to pay the cost of the treatment to fix it, and to pay your wages while you are incapable of performing income producing work.
Answered on May 14th, 2014 at 2:01 PM
You need to retain an attorney who would file a claim for worker's compensation benefits that cover temporary disability benefits , ongoing medical treatment and a settlement for permanent disability and future medical care.
Answered on Apr 28th, 2014 at 3:52 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You should have started a worker comp claim as soon as it happened. Who has been paying the bills? see a comp lawyer.
Answered on Apr 23rd, 2014 at 8:23 AM
James Eugene Hasser
Your exclusive remedy against your employer for an on the job injury is for comp benefits with certain limited exceptions. You don't really give enough info for me to help you any further. For more information, seek the advice of an experienced comp lawyer.
Answered on Apr 23rd, 2014 at 8:22 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Usually your only remedy for an on the job injury is to receive workers compensation benefits, which pay about 2/3 of your lost wage and for medical care/rehab from the injury. You would need to explore any possible other options with a lawyer and if any exist would be based on the specific facts of your injuries and how, where and why they happened.
Answered on Apr 23rd, 2014 at 5:52 AM
Thomas Edward Gates
You cannot sue the company, you must file a workman's compensation claim.
Answered on Apr 23rd, 2014 at 5:52 AM
Edwin K. Niles
You should see a workers comp lawyer ASAP.
Answered on Apr 23rd, 2014 at 5:47 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Generally you have 1 year from the injury to make a worker?s comp claim. So do not delay any longer.
Answered on Apr 22nd, 2014 at 10:57 AM
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
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Law Offices of John W. Merting, P.A.
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If you were hurt at work and reported your injury you should be covered by the Florida Workers Compensation Law. Consult an attorney who specializes in workers Compensation cases for injured workers, not their employers or insurance companies.
Answered on Apr 22nd, 2014 at 10:57 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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For injuries which occur at work, your exclusive remedy is Workers Compensation, and if you didn't report it when it happened, then you might be out of luck.
Answered on Apr 22nd, 2014 at 10:56 AM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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You still have time to file a workers' compensation case.
Answered on Apr 22nd, 2014 at 10:56 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should see an attorney immediately as significant amounts of time have passed. Generally injuries on the job give rise to a worker's compensation claim and the recoveries are limited. Have they been paying for your medical assistance? What are your permanent and continuing damages? Are you able to be back to work?
Answered on Apr 22nd, 2014 at 10:56 AM
1 Award
You need to hire a workers compensation lawyer as soon as you can.
Answered on Apr 22nd, 2014 at 10:55 AM
This sounds as if it is a workman's compensation case. Hopefully you filed a report timely.
Answered on Apr 22nd, 2014 at 10:55 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Your only remedy is workers comp. Worker's comp covers medical expenses and time out of work. You cannot sue your employer for negligence and damages for "pain and suffering" is not available. 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 and your rate of pay, offset by payments that you have already received.
Answered on Apr 22nd, 2014 at 10:55 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Worker's comp is your only remedy.
Answered on Apr 22nd, 2014 at 10:55 AM
In order to preserve your legal rights you have to file a workers' compensation claim. You are unable to file a lawsuit outside of the confines of workers' compensation through the industrial Commission. All compensation will be received through the NC Industrial Commission. You should file a Form 18, if not already done. See this website for more information on how to get compensation and start a claim. http://www.ic.nc.gov/claimants.html If your employer does not cooperate, you should hire an attorney.
Answered on Apr 22nd, 2014 at 10:55 AM