QUESTION

What can I do if I was working on a drilling rig in the oil field and I got hurt on the job and had to have knee surgery?

Asked on Feb 01st, 2013 on Personal Injury - Oklahoma
More details to this question:
I was at work and fell down a set of stairs. My safety department supervisor told me not to put it on my insurance since the company pays for it and they will pay me like Iโ€™m there so it looks like it never happened. I went to the hospital and found out I tore my patellar tendon and broke a piece of my kneecap and had to have surgery to fix it. I would like to know if itโ€™s legal and what if I have long term issues and they wonโ€™t help?
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14 ANSWERS

Ronald A. Steinberg
If you file a workers compensation case, you will not only get your lost wages, but they will also pay your medical bills. Those bills could run $10K to $25K. Your wages are small potatoes when you look at the medical bills. I would report the accident. I would not care if the company is unhappy, because I would be willing to bet that they will fire you when you return to work anyhow. You are now a liability because you could get hurt again.
Answered on Feb 12th, 2013 at 10:57 PM

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Christian Joseph Menard
You should file a workers comp case. All employers are required to maintain such insurance. You will need to find an attorney who handles workers comp cases.
Answered on Feb 07th, 2013 at 7:02 PM

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Lisa Hurtado McDonnell
You need to file a claim with your employer workman compensation insurance immediately.
Answered on Feb 07th, 2013 at 3:24 AM

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James Eugene Hasser
While it is possible you have a Jones Act Seaman claim, depending on the type rig you were on, for purposes of this answer, I am going to assume you were on a fixed rig. Presuming such, you have a scheduled injury claim under the Longshore and Harborworker's Compensation Act. You have one year from the date of injury or last payment of compensation to file a claim with the Department of Labor (DOL). One problem with not filing this under comp is that your medical insurance has a specific provision that excepts work related injuries. If they find out your injury is work related, they can back out all the payments and you will be stuck owing the medical providers. Medical benefits under the Act are the responsibility of the Employer, and not you, and they are open for life. Medical benefits under your medical insurance policy are not covered. Additionally, if you get accident and sickness benefits you will have to pay income taxes on them. Comp benefits are not taxable. They will owe you for any temporary and permanent disability you may have. Unfortunately, you are stuck on the comp train. It is not in your best interest to listen to your supervisor. You need to make a comp claim with the DOL and encourage your employer to report the claim to the DOL and its carrier. While it is not absolutely necessary you get a lawyer, it never hurts to run it by one. Be sure to get a lawyer familiar with the Longshore and Harborworker's Compensation Act.
Answered on Feb 06th, 2013 at 1:11 PM

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Under Indiana law, you are entitled to worker's compensation benefits: free medical care, wage loss benefits, and payment for any permanent injury. You should consult with a worker's compensation specialist in your area.
Answered on Feb 06th, 2013 at 1:11 PM

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You may have a worker's compensation claim against your employer, or even a claim against a manufacturer or other party for your injuries. You should contact an attorney knowledgeable in this area, such as myself, as soon as possible to evaluate your claim.
Answered on Feb 06th, 2013 at 1:10 PM

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Criminal Law Attorney serving Lawrenceville, GA at Smith-Grimes Law Firm
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Sounds like your company has Workers Compensation Insurance. You should go through that rather than listening to your supervisor.
Answered on Feb 05th, 2013 at 1:39 PM

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Your injuries are work-related and are covered under worker's compensation laws. You are entitled to temporary disability benefits, ongoing medical treatment, settlement for permanent disability and future medical treatment.
Answered on Feb 05th, 2013 at 1:39 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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you should make sure the claim is reported to the insurance carrier of the company, and if not reported, report it to the NC Industrial Commission in Raleigh.
Answered on Feb 05th, 2013 at 1:39 PM

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You should submit a workers compensation claim and not depend on your employer to pay for your injuries and any disability. Your employer should not coerce you not to do so.
Answered on Feb 05th, 2013 at 1:38 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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See an attorney, you have a Workmen's Compensation case and being paid to continue without making a claim is dangerous in the long run.
Answered on Feb 05th, 2013 at 1:37 PM

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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. But: you should get some advice as to whether the schedule award is your best option. Depending on your situation, you may be better off getting disability payments and having your medical expenses taken care of. There may be another possibility, if there some party other than your employer who caused the accident, such as a janitorial company or repair service. Accidents that occur on construction sites or car crashes during the course of employment have particular rules as well.
Answered on Feb 05th, 2013 at 1:37 PM

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Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
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You need to contact a workers compensation attorney right away. He or she will guide you through the process and you do not have to pay any fees up front.
Answered on Feb 05th, 2013 at 1:37 PM

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You should file a Workers Compensation Claim.
Answered on Feb 05th, 2013 at 1:37 PM

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