QUESTION
What can I do if I have received an offer for work injury but think should be much higher and want to look into suing homeowner?
Asked on Sep 19th, 2013 on Personal Injury - Florida
More details to this question:
I fell on a customer’s driveway while working for my employer. I got a mild concussion and hurt my lower back. I am under workers comp. I went through physical rehab for back but still have pain leaning or sitting in same spot. I had many headaches after injury but now have about 2 a week. Bottom line is back still hurts and have headaches. I'm also trying to find out if numbness in arm and fingers is a result from injuries. I got an offer from work comp insurance but think it's way low because I still am not well. I would like to get attorney now and also look into suing homeowner if possible. Injuries happened 5-10-13. Please help.
12 ANSWERS
Ronald A. Steinberg
Get a lawyer and if the lawyer thinks you have a valid case against the home owner, go for it. You will have to pay money back to the comp insurance.
Answered on Sep 30th, 2013 at 1:41 AM
Workers compensation is between you and your employer. It protects the employer from your lawsuit. Work the best deal you can get from the insurance company, or hire a lawyer to help you. You could also pursue a claim against the homeowner if it was somehow negligent or careless.
Answered on Sep 25th, 2013 at 2:28 AM
Edwin K. Niles
In the world of workers comp, attorney's fees are quite modest. You should definitely see a w.c. lawyer ASAP. As far as suing the homeowner is concerned, slip and fall cases are particularly difficult; the w.c. lawyer can explain.
Answered on Sep 24th, 2013 at 5:36 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Your comp settlement is based on the amount of time missed, your wages, and what the dr says. if you have a problem take it up with the dr. doesn't sound like you have much beyond a soft tissue case which conservative care will mend. Sue neighbor? For what? Having a driveway?
Answered on Sep 23rd, 2013 at 1:41 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Well, you answered your own question when you said: "I would like to get attorney now". As far as the comp issue goes, you are right, you really can't go for a schedule award until you reach maximum medical recovery. As far as liability against the property owner, you have to have some evidence that they acted unreasonably by causing or allowing a hazardous condition which caused your accident. Those are the reasons you need a lawyer. I suggest getting a referral from a relative, acquaintance or friend of a friend rather than just calling whoever has the biggest advertising budget.
Answered on Sep 23rd, 2013 at 1:40 PM
Plaintiffs Personal Injury Attorney serving New Orleans, LA
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David A. Easson
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do not settle your claim get an attorney now.
Answered on Sep 23rd, 2013 at 1:39 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should indeed get an attorney to represent you and these matters. You clearly have a worker's compensation claim, and it might be possible if you have a claim against the homeowner as well.
Answered on Sep 23rd, 2013 at 1:38 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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I think getting an attorney is definitely the right approach. You need a workers compensation attorney. You can find them in the yellow pages, or google "workers compensation attorney Anderson county SC" but instead of andiron county, but the county where you employer is located, or where the accident occurred.
Answered on Sep 23rd, 2013 at 1:38 PM
James Eugene Hasser
Consult a lawyer familiar with both comp and third party liability (particularly premises liability) cases. Good luck.
Answered on Sep 23rd, 2013 at 1:38 PM
Thomas Edward Gates
You are covered by Workman's Comp and must follow its requirements for dealing with a work injury. They have a schedule they use to determine what compensation you should get.
Answered on Sep 23rd, 2013 at 12:58 PM
1 Award
You need to find a workers compensation attorney to help you with your WC claim. I don't know how to help you do that, since I don't know where you are from.
Answered on Sep 23rd, 2013 at 12:48 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Trying going to http://www.martindale.com and plugging in your city and "workers compensation" and that should give you the name of a workers compensation attorney to handle your case.
Answered on Sep 23rd, 2013 at 12:41 PM