QUESTION

What can I do if I was injured on my job due to a dock-loading manager loading a package that was too heavy to be placed on a top shelf on a truck?

Asked on Jan 15th, 2013 on Personal Injury - Florida
More details to this question:
Iโ€™m receiving workerโ€™s compensation by the insurance company. He prolonged my treatments lasting over 6 months and counting. My injury is in the spine area of my back. Iโ€™ve worked for them nearly five years and injured my back two years ago with the same employee. Also my boss who is a private contractor only has given me five-day vacation a year when he takes 4 to 6 weeks at one time. I was also let go and replaced because of my injury taking too long to recover then itโ€™s their insurance company who should be blamed for my delayed recovery, if I recover.
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9 ANSWERS

Ronald A. Steinberg
My friend, you need two (2) lawyers; a workers compensation lawyer, and an employment discrimination/wrongful discharge lawyer.
Answered on Jan 24th, 2013 at 12:37 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Worker's comp covers medical expenses and time out of work. You cannot sue your employer for negligence and damages for "pain and suffering" is not available. 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 and your rate of pay, offset by payments that you have already received.
Answered on Jan 22nd, 2013 at 12:56 AM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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You file a Workers comp claim, get well, lose some weight, start doing 100 setups per day to build your abdominals. Listen to yourself, trying to blame the boss. I would fire you. No one likes a whiner. Start your own company and see if Obama is correct.
Answered on Jan 22nd, 2013 at 12:55 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Your problems have nothing to do with whether your boss has a longer vacation than you. you are busy feeling sorry for yourself. You should concentrate on the proper handling of your claim. Your settlement is based on the doc tors findings, so if you think there is a medical problem discuss it with the doc tor. If the doctor will not listen hire your own doctor and take it to a hearing before the Industrial Commission hearing officer the law will not require your boss to continue your employment if you are not able bodied.what makes you think that you should be compensated according to the law of NC by the IC. That is all you get. That is all there is to it. you don't have lifetime guarantees of health care or full employment. You have to look after yourself and find new work that is consistent with your health and ability.
Answered on Jan 22nd, 2013 at 12:55 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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First, pursue all workers comp benefits, including benefits for permanent impairment. If you were out less than 12 weeks, they may have violated the Family medical Lave Act in terminating you. If so, consult an employment lawyer.
Answered on Jan 22nd, 2013 at 12:54 AM

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James Eugene Hasser
There is free information available on the internet. Do a Google search for free info on Alabama comp law. Once you review that information, you will be in a better position to figure out if you need a lawyer. Here's a crash course on the law, though. Your exclusive remedy for an on-the-job injury is compensation benefits. The bad news is that's all you get. The good news is it ain't so bad. All you have to do is get hurt working on the job and you're entitled to those benefits. You're entitled to have all your medical bills related to the injury paid for for life. You will be entitled to 2/3's of your average weekly wage during the time the Dr has you off work until you reach maximum medical improvement in your condition. That's the point at which the Dr cuts you loose from regular treatment and tells you to come back as needed. It's the point at which you're not going to get any better. You might get worse, but you're not going to get any better. With the type injury you have (unscheduled to the spine), if you have a permanent set of physical restrictions, you will be entitled to permanent partial (PPD) or permanent total disability (PTD) benefits. PPD benefits are limited in amount and time. PTD benefits are your full comp rate for life. You have 2 years from the date of injury or last payment of comp to file suit or you will be forever barred from doing so. Good luck.
Answered on Jan 22nd, 2013 at 12:54 AM

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Insurance Law Attorney serving Gainesville, FL at Steven Kalishman, P.A. Law Offices
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You can try to settle your case for a lump sum.
Answered on Jan 22nd, 2013 at 12:53 AM

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In Iowa what you've described does not seem to rise to the level of proof needed to make a case of gross negligence. To prove gross negligence you have to prove much more than simple negligent conduct. It has to be so obvious that any judge or juror would simply be outraged. I've proven it once in 30 years. If you sat down with a lawyer who could then ask you a series of questions they may be able to make a case, but not based on the few facts you've disclosed.
Answered on Jan 22nd, 2013 at 12:53 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Need more details, you have a workers comp claim and need an attorney to see to it you receive your due.
Answered on Jan 22nd, 2013 at 12:53 AM

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