QUESTION
What can I do if I was injured at work and now have pain?
Asked on Nov 07th, 2011 on Personal Injury - Oregon
More details to this question:
I was injured at work and it resulted with a fractured/herniated lower disc at work while doing a job. I haven't been to work or have done any regular things without pain and discomfort. The fracture resulted from heavy lifting, no cranes or any lifting device was provided . What can I do? Do I have a lawsuit ?
22 ANSWERS
General Practice Attorney serving Indianapolis, IN
at
Broad Law Firm, LLC
Update Your Profile
Assuming that the incidence occurred within the statute of limitations (2 years in Indiana), then you should pursue a work comp claim for your injury. In Indiana, that is the sole remedy available against your employer. However, you may have claims against other entities, depending upon how the injury occurred. You should consult a personal injury attorney in your area to be certain of your rights.
Answered on Feb 17th, 2012 at 12:23 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
You have a worker comp claim. You did not say when this occurred. You are supposed to report an accident promptly to your boss. If he doesnt cooperate report it to the NC Industrial commission in Raleigh.
Answered on Nov 10th, 2011 at 12:46 PM
It sounds like you have a cumulative trauma injury. One brought on by the slow and steady wearing out process. Go to the doctor and then see a lawyer. You have a complicated case and it appears significant damages to warrant a workers' compensation claim.
Answered on Nov 10th, 2011 at 9:43 AM
Personal Injury Attorney serving Marietta, GA
at
Law Office of Ronald Arthur Lowry
Update Your Profile
You have a claim for workers' compensation. Report the injury to your employer immediately then hire a workers' compensation lawyer ASAP.
Answered on Nov 08th, 2011 at 10:13 AM
Retain a plaintiff's worker's compensation lawyer for specific legal advice and assistance.
Answered on Nov 08th, 2011 at 10:13 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
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.
Answered on Nov 08th, 2011 at 9:58 AM
Personal Injury Attorney serving Omaha, NE
Partner at
Chandler Conway, P.C., L.L.O.
Likely, yes. Contact an injury lawyer in your city immediately.
Answered on Nov 07th, 2011 at 11:49 PM
In Utah, if you are injured on the job and the injury is caused by you, the employer or a co-worker, your only recourse is through the workers compensation system. Talk to an attorney who specializes in this area. If your injury was caused by the negligence of a third-party (such as another driver who hit you in a car accident), then you might have a claim against the third-party.
Answered on Nov 07th, 2011 at 10:32 PM
Criminal Defense Attorney serving Montrose, NY
at
Law Office of Jared Altman
Update Your Profile
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 07th, 2011 at 9:42 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
at
Bulman Law Associates PLLC
Update Your Profile
You have 30 days to report the injury to a supervisor and one year to file a written claim for worker's compensation.
Answered on Nov 07th, 2011 at 9:33 PM
Business Attorney serving North Andover, MA
at
Law Offices of Andrew D. Myers
Update Your Profile
You have a worker's compensation claim, which is controlled by state statute, and not by anything that the employer or the insurance company says.
Answered on Nov 07th, 2011 at 9:12 PM
Unless there is some other entity (besides your employer or a fellow employee) that is responsible for your injuries, you basically have only a worker's compensation claim. Except for a few minor exceptions, you cannot sue your employer for "pain and suffering."
Answered on Nov 07th, 2011 at 8:19 PM
Steven D. Dunnings
Worker's compensation is your remedy.
Answered on Nov 07th, 2011 at 8:18 PM
Personal Injury Attorney serving St. Louis, MO
at
The S.E. Farris Law Firm
Update Your Profile
You probably don't have a "lawsuit." In Missouri, job related injuries fall under the jurisdiction of the Division of Workers' Compensation (work comp) and claims are filed there. While there may be a hearing (which some refer to as a trial) it is not the typical civil court setting with a jury. If your injury occurred due to the negligence of a third party, including a coemployee, or if you work on a railroad, riverboat, or certain other settings, you may also be able to pursue a civil case. For a serious injury like yours, you need to speak to an experienced trial attorney as soon as possible. Statutes of limitation will bar a claim that is not timely filed.
Answered on Nov 07th, 2011 at 6:56 PM
Gary Moore
You have a worker's compensation claim You should see a lawyer specializing in worker's compensation claims as soon as possible.
Answered on Nov 07th, 2011 at 5:10 PM
Assault Attorney serving Richardson, TX
2 Awards
The claim should be made to your employers' workers compensation insurance.
Answered on Nov 07th, 2011 at 5:10 PM
Litigation Attorney serving Olean, NY
at
Black, Lyle & Habberfield, LLP
Update Your Profile
You likely have a worker's compensation claim. Can't tell with those facts if you have more. Ask your employer for the worker's compensation forms and go see a personal injury attorney. They may be able to find a defendant for you that is not your employer. Worker's compensation will pay for your medical bills and a percentage of your lost wages.
Answered on Nov 07th, 2011 at 5:10 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
at
Downriver Injury & Auto Law
Update Your Profile
One cannot sue their employer. You can only file a Worker's Compensation claim.
Answered on Nov 07th, 2011 at 5:10 PM
Personal Injury Attorney serving New York, NY
at
Rothstein Law PLLC
Update Your Profile
Have you filed a worker's compensation claim? That is likely your sole remedy unless your fall was caused by someone other than your employer or your co-workers.
Answered on Nov 07th, 2011 at 5:09 PM
Criminal Defense Attorney serving Quincy, MA
at
Law Firm of Neil M. Kerstein
Update Your Profile
You may be able to file a Workers Compensation claim. I suggest you consult with an attorney as soon as possible.
Answered on Nov 07th, 2011 at 5:09 PM
Insurance Defense Attorney serving Portland, OR
at
American Family Insurance Group
Update Your Profile
I'm sorry to hear about your injury. First, you need to see a doctor, so that you can get a diagnosis and begin treatment, if necessary; Second, you need to report the injury to your employer; and, Third, you need to open an L&I claim. There are a number of solid attorneys who can help you.
Answered on Nov 07th, 2011 at 5:08 PM
If you are in Oregon or Washington you must file a workers compensation claim. You cannot sue your employer. However, if some other company or employer was involved, you may be able to sue them.
Answered on Nov 07th, 2011 at 5:08 PM