Can I file for workmen's compensation for an injured hand? 21 Answers as of February 26, 2013

I was hurt at work when a piece of metal fell on my hand. I already had a surgery but the doctor’s want to do a second one. Do I have a workmen’s compensation case?

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Law Office of Christian Menard
Law Office of Christian Menard | Christian Menard
You have a classic workers comp case. Whenever an employee is injured on the job, one of the first things to do is to file a claim. All employers are required by state law to carry workers comp insurance for their employees. Failing to do so entitles the employee to sue the employer in civil court.
Answer Applies to: California
Replied: 2/26/2013
Law Offices of Mark West
Law Offices of Mark West | Mark West
Generally speaking you do have a worker's compensation claim if you are injured while on the job. Your employer should carry worker's compensation insurance and should have claim forms for you to fill out. There are attorneys who specialize in workers compensation claims on behalf of the injured person and you may want to consult one to assist in your claim.
Answer Applies to: California
Replied: 2/24/2013
Ankerholz and Smith
Ankerholz and Smith | Rian F. Ankerholz
It is very likely that you have a workers' compensation claim. Be mindful that various time deadlines apply.
Answer Applies to: Kansas
Replied: 2/24/2013
The Law Office of Stephen R. Chesley, LLC
The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
If you were injured while on the job you are entitled to worker's compensation. You should contact an attorney who does worker's compensation.
Answer Applies to: New York
Replied: 2/22/2013
Shean Law
Shean Law | John Shean
Yes. You should contact the worker's comp insurance company for your employer before you proceed with the second surgery.
Answer Applies to: Indiana
Replied: 2/22/2013
    LAW OFFICES OF ARMAN MOHEBAN | ARMAN MOHEBAN
    Under worker's compensation laws, You are entitled to temporary disability benefits while you are treating and you are also entitled to a settlement for permanent disability and future medical treatment.
    Answer Applies to: California
    Replied: 2/22/2013
    Wayne J. Wimer, Inc. P.S.
    Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
    Yes. If you live in Washington State, have your doctor file the application for you.
    Answer Applies to: Washington
    Replied: 2/22/2013
    Durham Jones & Pinegar | Erven Nelson
    Yes, if the injury occurred at work you have a case.
    Answer Applies to: Nevada
    Replied: 2/22/2013
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Yes, you have a W.C. claim, for temporary and possibly permanent disability, as well as for medical expenses.
    Answer Applies to: California
    Replied: 2/21/2013
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    Simply, if you are unable to work or cant work the same hours as a result of a work related accident, then you may have a worker's compensation claim. More details would need to be gathered, so I suggest you contact an experienced worker's compensation attorney for a free consultation.
    Answer Applies to: Massachusetts
    Replied: 2/21/2013
    Law Offices of Laura Lanzisera, LLC
    Law Offices of Laura Lanzisera, LLC | Laura Lanzisera
    Yes definitely. You should contact a WC attorney ASAP.
    Answer Applies to: Georgia
    Replied: 2/21/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Yes, you may definitely have a comp case in Alabama. You have 2 years from the date of the accident or last payment of compensation, whichever is later, to file a claim or you are forever barred from doing so. With the type of injury you have, you may not need a lawyer, but I would urge you to at least talk with one familiar with both Alabama accident and comp law to see what all your legal options may be.
    Answer Applies to: Alabama
    Replied: 2/21/2013
    Curry, Roby & Mulvey Co., LLC
    Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
    As long as you were in the course and scope of your employment and too much time has not elapsed since the injury, you should be able to file your claim.
    Answer Applies to: Ohio
    Replied: 2/21/2013
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    Yes. Do so immediately by getting the paperwork from your employer. Typically you have 30 days to do so.
    Answer Applies to: New York
    Replied: 2/21/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Yes, you can file for worker's compensation. I am not clear on one thing, though: was the earlier surgery a result of the piece of metal falling on your hand, or did you have surgery on your hand for an unrelated reason, before the accident? If the surgery was due to the metal hitting your hand and a second surgery is needed, it's all part of the same case, and you don't need to file a new claim.
    Answer Applies to: New York
    Replied: 2/21/2013
    Geneva Yourse | Geneva Yourse
    Yes, you have a workers' compensation case. Did you file an injury report with your employer within 30 days of the accident? You are required to notify your employer of any injury because the workers' compensation laws allow the employer to direct where you will receive medical treatment. Workers' compensation is a nuanced area of law. You may want to speak with an attorney for help in this area.
    Answer Applies to: North Carolina
    Replied: 2/21/2013
    S. Joseph Schramm | Joseph Schramm
    If you were injured at work and the injury has prevented you from continuing to work at your job you may have a claim in workers compensation. At a minimum, you should have a claim for medical coverage for the surgeries. You might also have a claim for wage benefits or for partial or permanent loss of use of your hand, depending on nature of the injury.
    Answer Applies to: Pennsylvania
    Replied: 2/21/2013
    Law Offices of Stanley S. Lopata
    Law Offices of Stanley S. Lopata | Stan Lopata
    You absolutely have a workers compensation case. Contact a lawyer now!
    Answer Applies to: California
    Replied: 2/21/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes, that is a classic workers compensation case. You are entitled to benefits when you are off work, and to have your necessary medical expenses paid.
    Answer Applies to: Michigan
    Replied: 2/21/2013
    Abrams Landau, Ltd.
    Abrams Landau, Ltd. | Douglas Landau
    Perhaps. For a viable Virginia Workers Compensation claim, a number of factors must be satisfied, including that the injury result from a sudden accidental accident in the course and scope of the employment. Retaining an experienced and licensed Virginia Workers Comp lawyer who actually tries these cases on a regular basis and who has a real office in the Commonwealth would help you to protect your interests, especially if there will be permanent limitations or scarring.
    Answer Applies to: Virginia
    Replied: 2/21/2013
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