QUESTION
What are my options if I had a severe work injury?
Asked on Jun 01st, 2015 on Personal Injury - Georgia
More details to this question:
I have been receiving treatment ever since I was injured at work in 2013. I had multiple surgeries and am now in constant pain. My doctor has given me two options: pain management taking a lot of pills or salvage surgery which will cause me to lose over 50% of my range of motion. What options do I have for filing a lawsuit in a situation like this?
16 ANSWERS
In WV, an attorney must be able to prove that your employer placed you in harm's way through lack of training, bad equipment, etc to receive more than worker's comp. Get a free consultation to find guidance and possibly help depending on the facts of your accident. So sorry to hear of your pain. Seek every possible remedy.
Answered on Jun 08th, 2015 at 3:09 AM
Ronald A. Steinberg
Get a workers compensation attorney and let the person do their job.
Answered on Jun 02nd, 2015 at 1:41 PM
Thomas Edward Gates
This is still a work related injury and you must work with L&I to resolve your care issues.
Answered on Jun 02nd, 2015 at 12:36 PM
James Eugene Hasser
Your exclusive remedy for an on the job injury is for compensation benefits. You will not be able to sue for anything else, with certain very limited exceptions. They should pay your medical bills related to your injury for life. You will be entitled to be paid comp during the time you are off work until you reach MMI, or maximum medical improvement in your recovery. If, at that time, you have a set of permanent restrictions that prevent you from returning to your job, you will be entitled to permanent disability benefits, the extent of which depends on how disabled you are. I highly recommend consulting an experienced comp lawyer. Good luck.
Answered on Jun 02nd, 2015 at 12:14 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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If you are receiving worker's compensation wage loss and medical benefits, you can't sue your employer or coworkers. Who else, besides maybe you, is to blame? Can't sue God either.
Answered on Jun 02nd, 2015 at 12:11 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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In most workplace injuries, your sole remedy is Workers Compensation. You may wish to apply for it right away. If you are turned down, or need help in applying, retain one of the Workers Comp lawyers whose names you can find on billboards, in the Yellow Pages, or on the web (you might try Avvo.com). Good Luck.
Answered on Jun 02nd, 2015 at 11:30 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If you were injured at work, your exclusive remedy is workers compensation, unless the injury was caused by the negligence of someone other than another employee of the same company. You should seek out the representation of a good worker's compensation lawyer, who should investigate the possibility of a third party claim. That lawyer should not charge you unless they make a recovery for you.
Answered on Jun 02nd, 2015 at 8:04 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Your options are to continue to accept worker's comp benefits, or to apply for a schedule award. A schedule award is a lump-sum by which your percentage of permanent loss to the part(s) of your body affected is applied to a table assessing the number of weeks loss you are entitled to. It would be worth consulting with an experienced worker's comp lawyer to discuss what that would come to, as against continuing to accept the benefits. Depending on how the accident happened, it might be possible to pursue other party-defendants, for example if this was a construction site accident, or if there was some other company such as a janitorial or repair service that caused or contributed to your accident.
Answered on Jun 02nd, 2015 at 8:04 AM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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Your exclusive remedy may be workers comp. If you have third party responsible for your injury you must act fast since you only have two years to prosecute the personal injury claim. In any event,you need an attorney to protect your interests.
Answered on Jun 02nd, 2015 at 3:11 AM
Lisa Hurtado McDonnell
File a workman compensation claim.
Answered on Jun 01st, 2015 at 11:27 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Worker comp is your remedy, and, very rarely it can be coupled with a personal action. See an attorney.
Answered on Jun 01st, 2015 at 11:25 PM
1 Award
You can't sue your employer. Did someone else negligently cause your injuries? If so, you will have three years from the date of your injury to file a case.
Answered on Jun 01st, 2015 at 10:31 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Generally on the job injuries entitle you to workers compensation. As you likely are aware wc benefits pay a portion of your wage loss (per a statutory rate) and for your medical/rehab care. To have a pain and suffering claim, you generally have to be able to identify some "3rd party" (ie: not your employer or co-employees) who were negligent, and whose negligence caused/contributed to your injuries. Typically you have 3 years to investigate and file such a suit in Michigan (although there can be shorter statutes, and perhaps notice requirements, depending on the facts of the case). So it is best not to get internet advice, but consult a local lawyer that regularly handles these type of cases for an analysis of your situation and for more specific advice. Good luck.
Answered on Jun 01st, 2015 at 8:22 PM
Edwin K. Niles
Your primary claim is governed by worker's comp. You should get all medical expenses and a permanent disability rating. You MAY also have a negligence claim if the employer (or a third party) was negligent. Get a free conference with a W.C. lawyer.
Answered on Jun 01st, 2015 at 7:46 PM
None, you are limited to the Workers' Compensation system because it was an on the job injury. If someone who does not work for your employer caused the injury, you can sue them.
Answered on Jun 01st, 2015 at 7:45 PM
Workers Compensation Attorney serving Atlanta, GA
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The Law Offices of Laura M. Lanzisera
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You should contact a WC lawyer asap. You may be entitled to a medical second opinion or change of doctor. Your lawyer could also work out a settlement for you.
Answered on Jun 01st, 2015 at 7:27 PM