QUESTION
What can I do if I was injured and want to get a settlement?
Asked on Oct 31st, 2011 on Personal Injury - Texas
More details to this question:
I was a passenger in an auto accident during work hours. It happened during the time we were on our way to another location. The driver lost control and ended up flipping the gang truck. I suffered an injury to my right wrist. The insurance company sent me a letter stating I was unable to get a settlement. I tried getting a lawyer but they told me that they couldn't do anything about it because of workers compensation being involved. What can I do to get what I deserve on a settlement?
22 ANSWERS
It sounds like the person at fault is a co-worker of yours. Unfortunately, you were in the course of your employment and worker's compensation laws state that you cannot sue your employer or fellow employee for negligence. Your only avenue is worker's compensation. I suggest you call an experienced worker's compensation attorney in your area to find out your rights under the law and what you may be entitled to.
Answered on Nov 10th, 2011 at 2:59 PM
It may be that this is all you deserve meaning all that you are entitled to receive under the law. But what you want is more and for what you are receiving to more fully compensate you for the actual damages you have. Am I close? You do need to see a lawyer. The questions a properly trained lawyer will ask has to do with how much you're entitled to in the workers compensation case and whether anyone other than your co-employee was negligent. They should also focus on who owned the truck you were riding in at the time of the accident. You may have a case but no one has yet asked the right questions.
Answered on Nov 07th, 2011 at 8:39 AM
Personal Injury Attorney serving St. Louis, MO
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The S.E. Farris Law Firm
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The best thing you can do in this situation is to hire a qualified attorney. Your limited factual presentation makes it clear that you have a tort claim and perhaps a workers compensation claim.
Answered on Nov 02nd, 2011 at 4:52 AM
Disability Law Attorney serving Marshall, TX
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Carlile Craig, L.L.P.
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Because you were injured while at work, your only option is to file a worker's compensation claim.
Answered on Nov 01st, 2011 at 10:04 PM
Steven D. Dunnings
Workers' compensation is your only remedy.
Answered on Nov 01st, 2011 at 9:15 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Normally, when you are injured at work, workers compensation is your exclusive remedy . The liability insurer for the truck or the employer will not be liable. You must seek a settlement in workers compensation from the workers compensation insurer.
Answered on Nov 01st, 2011 at 8:11 PM
Medical Malpractice Attorney serving Valparaiso, IN
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Langer & Langer Attorneys at Law
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If you are injured a co-employee by an accident within the course and scope of your employment, you have a workers compensation claim.
Answered on Nov 01st, 2011 at 7:26 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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Your rights are limited to Workers Compensation.
Answered on Nov 01st, 2011 at 7:22 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If you were hurt in the course and scope of your employment you have a worker comp case, and you can recover from the comp carrier of your employer. I assume the driver was a fellow employee. You can sue the driver in a civil suit if he has assets or coverage. But you cant sue the boss except in a comp claim situation.
Answered on Nov 01st, 2011 at 4:17 PM
Contact and retain an attorney who specifically handles worker's compensation cases.
Answered on Nov 01st, 2011 at 4:11 PM
Personal Injury Attorney serving Spanish Fork, UT
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Utah Legal Team
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In my jurisdiction the exclusive remedy is worker's compensation. It is possible to receive a worker's compensation settlement but you will have to show that you are impair in some for as a result of the work related injury.
Answered on Nov 01st, 2011 at 4:11 PM
It seems that you do have a claim and the question that needs to be answered is what type of claim do you have. If it is a worker's compensation claim, then you need a lawyer who focuses on that law.
Answered on Nov 01st, 2011 at 3:21 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Worker's compensation 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.
Answered on Nov 01st, 2011 at 3:19 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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In Florida, your exclusive remedy is workers' compensation, so go get a good workers' compensation lawyer.
Answered on Nov 01st, 2011 at 3:17 PM
Family Law Attorney serving McDonough, GA
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South Atlanta Family Law
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If you were injured while working you should contact a worker's compensation attorney to handle your claim against your employer. Be sure to seek medical treatment for your writs if you have not already done so.
Answered on Nov 01st, 2011 at 3:07 PM
Bankruptcy Chapter 11 Attorney serving Dacula, GA
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Chronister Law Firm, LLC
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If you are injured while on the job, then you have a worker’s compensation claim against your employer. You should seek a worker’s compensation attorney if your employer did not send you to a panel healthcare provider and has not informed you of your rights under workers compensation. If you were injured while at work and a third party could have contributed to your injury, then you could also have a personal injury claim. Most attorneys focus on either workers compensation or personal injury, but you may find one that handles both. Either way, these attorneys work on contingency fees and usually do not charge for an initial consultation.
Answered on Nov 01st, 2011 at 10:33 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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I think you're out of luck on this one. The only person you could sue I'd the car manufacturer or the municipality that owned the road. Your exclusive remedy against your employer and any co-employees of the same employer is Workers Compensation. If you can find someone else to blame then you can bring what is called a "third party action". That's where the big money is.
Answered on Nov 01st, 2011 at 10:26 AM
Criminal Defense Attorney serving Los Angeles, CA
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Berjis | Myers Professional Law Corporation
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Look specifically for Workers Compensation attorneys, they should be able to assist you.
Answered on Nov 01st, 2011 at 10:16 AM
Theodore W. Robinson
You need to hire a Workers Comp lawyer who handles nothing but worker comp cases. Look them up on Google. Good luck.
Answered on Nov 01st, 2011 at 10:09 AM
New User
It sounds like the responsible driver was a co-worker. If so, you are limited to the workers compensation benefits.
Answered on Nov 01st, 2011 at 9:31 AM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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If you were injured while on the job your only remedy is worker's compensation. You may get a permanency rating and could get a settlement that way. Feel free to contact me if you'd like a referral to a comp lawyer.
Answered on Nov 01st, 2011 at 9:26 AM
Assault Attorney serving Richardson, TX
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You might make a claim against the driver for negligence.
Answered on Nov 01st, 2011 at 9:26 AM