QUESTION
Is he able to have any kind of compensation after having an accident at work?
Asked on Nov 07th, 2012 on Personal Injury - New Jersey
More details to this question:
On September 24, he had an accident. He has a broken arm and pelvis. We spent 13 days in the hospital and 38 days here in a rehabilitation place. He has surgery and we do not know if he’s going to be able to walk again.
19 ANSWERS
Personal Injury Attorney serving Blackfoot, ID
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Baker & Harris
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Based on the information given the injured worker is likely entitled to significant compensation under Idaho Workers Compensation law. However, the amount of compensation will depend on how well in the injured worker heals. Certainly, if the injured worker will not walk again then the compensation will be greater. The injured worker should consult with a lawyer.
Answered on Jun 18th, 2013 at 10:05 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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Hire a workers compensation attorney.
Answered on Jun 13th, 2013 at 12:52 AM
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 and your rate of pay, offset by payments that you have already received. But: you should get some advice as to whether the schedule award is your best option. Depending on your situation, you may be better off getting disability payments and having your medical expenses taken care of. 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.
Answered on Nov 12th, 2012 at 4:07 PM
Yes, he's supposed to be receiving weekly compensation, file a workers' compensation claim.
Answered on Nov 09th, 2012 at 6:09 AM
Ronald A. Steinberg
Yes. He gets medical benefits, including rehab and retraining, and wages while disabled.
Answered on Nov 09th, 2012 at 5:59 AM
You can file a worker's comp case.
Answered on Nov 09th, 2012 at 5:39 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Yes, he is entitled to workers compensation benefits. I would be happy to discuss his claim if you would like.
Answered on Nov 08th, 2012 at 1:36 PM
Business Law Attorney serving Walnut Creek, CA
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Hirsch, Closson, McMillan & Schroeder, APLC
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Workers' compensation should cover that. His employer and the doctor should have immediately notified workers' comp about this accident.
Answered on Nov 08th, 2012 at 1:36 PM
Automobile Accidents and Injuries Attorney serving Santa Ana, CA
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Law Offices of Maurice L. Abarr
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He is entitled to Workers' Compensation benefits and there may also be a third party case.
Answered on Nov 08th, 2012 at 1:35 PM
If he was an employee and not an independent contractor, he should be able to make a claim for worker's compensation. In addition, depending on the facts surrounding the accident, if there was some defective product which contributed to causing the accident there may be a third party liability claim. If the employer did not carry worker's compensation insurance, he would have a direct claim against he employer and the employer would not have any defense to the action.
Answered on Nov 08th, 2012 at 1:35 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Answered on Nov 08th, 2012 at 1:34 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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Worker's compensation at least. A PI claim if someone other than him or his employer caused his injuries.
Answered on Nov 08th, 2012 at 1:30 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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if this was an accident in the course and scope of employment, it should be covered as a worker comp claim. Get you a good comp lawyer to guide you. don't try to handle it yourself. The insurance co will take advantage of you any way they can
Answered on Nov 08th, 2012 at 1:30 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Yes. He should have filed a workers compensation claim with his employer or the state department of labor. If the insurance company or state board denies coverage, contact our office if the claim occurred in Montana.
Answered on Nov 08th, 2012 at 1:29 PM
The "he" you make reference to should consult with a plaintiff's lawyer who handles work-related cases for a complete evaluation of his case including injuries, permanent impairment and damages.
Answered on Nov 08th, 2012 at 1:29 PM
Personal Injury Attorney serving Wilmington, NC
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Deaver & Deaver, PLLC
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There are many issues that must be considered. You should contact an attorney to discuss your options.
Answered on Nov 08th, 2012 at 1:28 PM
Birth Injury Attorney serving Willowbrook, IL
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Zimmerman Law Offices, P.C.
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You may have a workers compensation claim if the injury occurred in the scope of his employment. We can help review your claim.
Answered on Nov 08th, 2012 at 1:28 PM
Arbitration & Mediation Attorney serving Ann Arbor, MI
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Blaske and Blaske PLC
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I urge you and him to consult a worker's comp attorney right away, particularly because of how serious the injuries are.
Answered on Nov 08th, 2012 at 1:27 PM
Gary Moore
You need to consult with an attorney and go over the specifics of your case. Your claim, so far as your employer is concerned would normally fall under a worker's compensation claim, but you may be able to sue for pain and sufferig if a third party was at fault.
Answered on Nov 08th, 2012 at 1:16 PM