What can I do if I was injured doing work that is outside my work description?

Question

2 years ago I feel off a ladder in Work (bonton) doing a job that was not in my job description, but I was told to do it anyway. As a result I fractured my back on both sides. Although it only bothers me if I stand in one places or any length of time, I am still upset about it. For months I was in severe pain.

Erven Nelson · Answer

You should have filed a workers compensation claim, and should still try to do so.  You also should sue the employer for negligence and fraud.

James Eugene Hasser · Answer

You have 2 years from the date of accident or last payment of compensation to file a claim for workmans comp or you will be forever barred from doing so. There is no time limit on medical claims. It doesn't matter that you were hurt working outside of your restrictions as long as you were working at time of the accident. If you have a permanent set of physical restrictions that keeps you from returning to your job, you may have a claim for permanent disability benefits. Talk with a lawyer familiar with Alabama comp law.

Ronald A. Steinberg · Answer

If you become ill or injured, and the illness or injury arises out of the employment, then you are eligible to file a workers compensation claim.

James Kelaher · Answer

I hope you filed for workers compensation, and if not, consult with a workers compensation lawyer immediately.

John Shean · Answer

Under Indiana law you are limited to your workers compensation benefits - free medical care, wage loss benefits, and payment for permanent impairment. Indiana law requires that you file a formal claim with the IN Work Comp Board within 2 years of the date of accident.  It sounds like you should immediately consult with a qualified attorney in your area.

David Stoddard · Answer

If it is not too late, you should file a workers compensation claim.

Angelo Marino · Answer

You would be covered under workers' compensation anyway it would seem to me   and, depending on the facts, be entitled possibly to a third party claim.    I am concerned about the time that has elapsed since the accident for the   workers' compensation claim.  You need to see a lawyer right away.

Andrew Velonis · Answer

You are entitled to workers comp since this was on the job, regardless as to whether it was within your job description. But in NY you have 2 years to file your claim, so if you have not already done so, it may be too late.  Also, if this was a commercial construction job and it was in NY, you have additional recourse.  See a lawyer in your area asap.

Stephen Lombardi · Answer

Answer: File a workers' compensation claim and hire a lawyer who   understands work comp.

Christian Joseph Menard · Answer

You should file a workers comp claim with your employer

Fred Fong · Answer

Dear Gentleperson,  Even if you were injured doing something outside your work description, it is still a compensable injury.  You can file a workers' compensation claim, but the question really will be how much you will recover.  How much you will recover will depon upon the level of permanent disability as reported the doctor.

Arman Moheban · Answer

You can still file for worker's compensation benefits such as paid treatment, temporary disability benefits, permanent disability benefits and future medical treatment.

Georges Shers · Answer

You still are limited to Workers' Compensation benefits as you were working for that employer [if some one else owned the ladder and there was some defect, could you sue that person, but would have to do so within 2 years of the date of injury]. Every one gets asked to do activities outside their job description [putting paper document away is a file clerk, taking a tool to another work site is a truck driver, etc.You have to file the WC claim within 5 years of the injury if they are accepting it or one year from the last benefit used. You should see a WC attorney to get more information and determine if you need one.

Douglas Landau · Answer

Even if an on the job accident is not in your "job description," you may still be able to pursue a Virginia Workers Compensation claim if the injury "arose in the course and scope" of your employment. We helped a lumber yard forklift operator whose lost his arm when he was told to cut some wood for a customer, even though his English was limited (he had just arrived from Russia) and he had never used the industrial saws before.  Generally, comp benefits include: medical bills, time loss with a doctor's note, medications and medical equipment that is reasonable, authorized, causally related and by written referral. The Virginia Workers Compensation Act does not include benefits for: physical pain, discomfort, inconvenience, mental distress, loss of future raises or bonuses.  An experienced workers compensation lawyer will be able to help you determine what benefits can realistically be expected, the time it will take and the difficulty of the claim.  Generally, you only have 2 years within which to bring a claim for a workplace accident.  After the legal time limit, it is usually too late to file a case, as the claim would be barred by what is known as the "statute of limitations."  If there is permanent loss of strength, range of motion or sensation, you should take action at once and get competent legal help before you lose what few benefits may be left at this late date.

Laura Lanzisera · Answer

Did you ever file a WC claim? If not, your claim will be barred. You have one year to file a WC claim in GA.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

What can I do if I was injured doing work that is outside my work description?

15 ANSWERS

Find Local Personal Injury Lawyers

Helpful Resources

Ask a Lawyer