QUESTION
Is anyone liable for my permanent partial disability outside of Workman's Comp and does no one having to answer for my life being irreversibly altere
Asked on Apr 29th, 2013 on Personal Injury - Florida
More details to this question:
My life had been permanently altered, I have suffer past, present, and future loss of wages, my concerns about my injuries were continuously disregarded, the insurance company refused to allow my employer to put me on leave to prevent further injury (resulting in further injury), I live with constant pain and have to censor my activity in order to avoid further aggravation or injury. I am 43 years old and in, otherwise, good health.
11 ANSWERS
Ronald A. Steinberg
Oh, and whose fault was the injury? How did it happen? If it happened on the job, then workers compensation is responsible. If it happened on the job but was caused by a third party who is not a co worker or employee of a companion company, then you can go after the other party.
Answered on May 02nd, 2013 at 4:35 PM
Insurance Attorney serving Seattle, WA
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Lawrence Kahn Law Group
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I am presuming from your question that the injury occurred at work and is solely a Worker's Compensation matter. If you have not doe so before, I encourage you to seek counsel from an experienced Worker's compensation attorney who should be able to assist you through this difficult time.
Answered on May 02nd, 2013 at 1:15 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Not enough information here. have you opened a worker comp file? Do you have a lawyer to help you? Do you have documented permanent injury? you need a comp lawyer if you don't have one.if this is a comp case that is all there is to it. you don't have other options unless you were injured by a third party and in that case you might have a claim against him, or them.
Answered on May 02nd, 2013 at 12:23 AM
James Eugene Hasser
Your exclusive remedy against your employer for an on the job injury is for workers compensation benefits. Unless you can prove, someone other than your employer was at fault in causing your accident, you are stuck with these limited benefits. It wasn't always this way and can be changed with legislation. Complain to your state legislators. Good luck.
Answered on May 02nd, 2013 at 12:20 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You don't tell us how you were injured or what your injuries are.
Answered on May 02nd, 2013 at 12:04 AM
All of the damage elements you mention are incorporated in the payment of PPD under Iowa's workers' compensation act. With few exceptions an injured workers only recourse is Chapter 85.
Answered on May 01st, 2013 at 10:21 PM
You do not state how you were injured. Assuming it was an at work injury not caused by someone else, your only remedy is WC [and applying for Social Security disability].
Answered on May 01st, 2013 at 10:20 PM
The only way you can get outside of the worker's compensation system is if there is a third party responsible for your injuries other than your employer or fellow employees. If there is another entity that has committed negligence which caused your injuries, then you would have 3 years to make a claim in court. Otherwise, your potential case would be barred.
Answered on May 01st, 2013 at 10:09 PM
1 Award
You are stuck with the recovery you are receiving from workers compensation unless you were injured because of negligence of a third party. If your injuries were caused by someone other than your employer, you might be able to pursue a third-party case. You would need a lawyer to do that for you. If your workers compensation insurer acted in bad faith in your claim, it might be possible for you to receive some additional compensation for your workers compensation claim. You would need a workers compensation lawyer to advise you about that.
Answered on May 01st, 2013 at 10:07 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Well, if you got hurt on the job, probably not. Of course, it depends on how you were injured. You need to talk with your attorney about how the injury happened and whether anybody else can be sued.
Answered on May 01st, 2013 at 10:07 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Go consult with a workers compensation lawyer for him (or her) to discuss at length with you the circumstances surrounding your accident, to see if there possibly is a third party claim of some nature.
Answered on May 01st, 2013 at 10:01 PM