Can I get a settlement if I was hit by a car while at work? 27 Answers as of May 07, 2013

I was hit by a car while at work. Initially the doctor said there were no broken bones. I was sent to worker’s compensation doctor who put me in rehabilitation. After several requests, a test showed fractures in legs, my knee and torn ligaments in my shoulder which require surgery. I tried and tried to tell them and now I need surgery. I have been off work for approximately 8 weeks and now it's going to be longer and I still have yet to find out if my fractures healed properly since they had me doing everything I shouldn't have.

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The Law Offices of Russell Gregory, P.C.
The Law Offices of Russell Gregory, P.C. | Russell Gregory
I'm very sorry to hear of your situation. The matter may well be pursuable. It should certainly be looked into. I could definitely help with that.
Answer Applies to: Michigan
Replied: 5/7/2013
End, Hierseman & Crain, LLC | J. Michael End
Since you were working when you were injured, you are entitled to workers compensation benefits. Assuming the driver of the car was negligent and was responsible for the accident, you would have a claim against his automobile liability insurance company to recover compensation for your injuries. If all of this happens, your workers compensation carrier will be entitled to recover the money it paid for your workers compensation claim out of the recovery you make with the driver's insurance company. You should think about hiring a lawyer to help you with your case. The statute of limitations for the case against the automobile insurer for the driver of the car is three years from the date of the accident.
Answer Applies to: Wisconsin
Replied: 5/7/2013
Law Offices of George H. Shers | George H. Shers
I am not clear as to what your question is. You are entitled to Workers' Compensation benefits, including all medical treatment necessary to cure or relieve from the effects of the accident. You can also sue the driver of the car, if it was not a fellow employee driving on company grounds [some exceptions to that may apply] for the difference in your wage loss and pain and suffering. If you need more information, you can call me.
Answer Applies to: California
Replied: 5/7/2013
LAW OFFICES OF ARMAN MOHEBAN | ARMAN MOHEBAN
Yes you are entitled for a settlement for permanent disability and future medical treatment.
Answer Applies to: California
Replied: 5/7/2013
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
If the other driver was at fault, you can go after him or her. You also have a comp claim. If you get anything out of the other driver, you will have to pay the comp carrier back for what it has spent. Good luck.
Answer Applies to: Alabama
Replied: 5/7/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    A worker comp case is based on what the doctor or doctors say about your injuries. Has nothing to do with your opinion of things. What do the doctors say? Has your case been filed? Opened? Or do you just like to talk about what might be or could be?
    Answer Applies to: North Carolina
    Replied: 5/7/2013
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Of for Pete's sake!! You have to sue someone and prove that they are responsible, as well as to prove what damages resulted before anything. No one is going to throw money at you. You have to prove everything.
    Answer Applies to: Michigan
    Replied: 5/7/2013
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    There are very many issues raised by your situation. First of all, you do have a viable workers compensation claim which needs to be filed immediately with the Illinois Workers' Compensation commission. I strongly suggest that you hire an attorney who has significant experience in workers compensation law. The workers compensation claim will make certain that you get all needed medical care without any cost to you and that you continue to receive weekly compensation to make up for your inability to work. At the same time, you have a claim against the individual who was driving the car that hit you. If you do file the workers compensation claim, you are actually obligated to prosecute the action against the driver that hit you or give your right to that lawsuit to the workers compensation carrier. If you fail to do that, the workers compensation carrier could either suspend your benefits or come after you for repayment of the money that it paid out on your claim. This is a matter that is far more complex than anyone should be handling on their own. Ideally, you would want an attorney who is experienced in handling both workers compensation and personal injury claims so that everything can be properly coordinated. Good luck.
    Answer Applies to: Illinois
    Replied: 5/7/2013
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    Yes, and depending on whom was driving, if the driver worked for a different company, who owned the car and several other factors you may be entitled to damages separate from the workers' compensation insurance. There is information on my web site about "third party lawsuits".
    Answer Applies to: Iowa
    Replied: 5/7/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    Yes, you should be able to get a settlement. It would be best to get an attorney to assist you.
    Answer Applies to: South Carolina
    Replied: 5/7/2013
    Kram & Wooster, P.S. | Richard H. Wooster
    You have a workers comp claim. You may have a claim against the driver that hit you. First step, find a workers compensation attorney. You can discuss with that person any claim you may have against the adverse driver.
    Answer Applies to: Washington
    Replied: 5/6/2013
    Lewis B. Kaplan | Lewis B. Kaplan
    Hire a lawyer IMMEDIATELY to pursue your claim.
    Answer Applies to: Illinois
    Replied: 5/7/2013
    Ankerholz and Smith
    Ankerholz and Smith | Rian F. Ankerholz
    It is very likely that you have a valid workers' compensation claim. In Kansas, an injury is compensable "only if it arises out of and in the course of employment." ?Other legal defenses may apply, but none is evident from your question. Consult an experienced workers' compensation lawyer in your area.
    Answer Applies to: Kansas
    Replied: 5/7/2013
    Hone Law Firm
    Hone Law Firm | John S. Hone
    In Michigan, you can have a legal claim for damages against the negligent driver, assuming it is not an employee of your employer. Secondly, there is an interplay between your Work Comp benefits and the auto no fault benefits. To understand that interplay, you would have to consult with an attorney that specializes in no fault law in Michigan.
    Answer Applies to: Michigan
    Replied: 5/7/2013
    Atterbury, Kammer & Haag | Eric J. Haag
    You have a right to bring a personal injury lawsuit in an attempt to recover additional damages beyond those associated with the workers' compensation benefits you have been receiving.
    Answer Applies to: Wisconsin
    Replied: 5/7/2013
    Law Offices of Richard A Jaffe, LLC
    Law Offices of Richard A Jaffe, LLC | Richard A Jaffe
    I am sorry to hear about the injuries that you have sustained to your leg while the course and scope of your employment. Based upon the facts as you have described, you would certainly be eligible to receive Workers Compensation Benefits for your lost time as well as receive reasonable and necessary medical treatment. If you end up being out of work for an extended period of time and are no longer able to return to work in your pre-injury capacity, once you have exhausted your medical treatment such that you no longer require any further surgeries, you can certainly entertain negotiations towards a possible amicable resolution of your claim via a Compromise and Release Agreement. Depending upon who was driving the vehicle that struck you, you may also have a third-party cause of action against the driver. Please note that if the driver was a co-employee you would be barred from filing a third-party lawsuit, however, if the driver of the vehicle was not a co-employee nor your employer you would also be able to file a third-party lawsuit against said driver which would enable you to secure "special damages" including pain-and-suffering future lost wages etc. It is my recommendation that you immediately contact an Attorney experienced in handling Pennsylvania Workers Compensation Claims to discuss your rights with respect to your entitlement to Workers Compensation Benefits and, further, whether or not you would have a viable third-party cause of action against the driver of the motor vehicle. Please note that most Attorneys who handle Pennsylvania Workers Compensation Claims will not for an initial consultation and will accept your claim on a charge for an initial consultation and will accept your case on a Contingent Fee Basis.
    Answer Applies to: Pennsylvania
    Replied: 5/7/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It is primarily a workers comp issue but who and why you were hit may be another possible venue for recovery of damages not covered by workers comp. See an attorney NOW.
    Answer Applies to: Michigan
    Replied: 5/7/2013
    Law Office of Jeffrey Friedman, PC | Jeffrey Friedman
    Based on what you describe, you have a claim under the Illinois Workers Compensation Act. Please call my office for a free consultation.
    Answer Applies to: Illinois
    Replied: 5/7/2013
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    If you have not done so already speak with a workers compensation attorney immediately. You may also have a separate claim against the person that hit you.
    Answer Applies to: California
    Replied: 5/7/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Assuming that the medical evidence is there, you have a very strong case. First, you are entitled to worker's comp to cover all of your medical bills, including surgery. Second, worker's comp covers time out of work. In NY this is 66.66% plus you get an additional 13.33% from no-fault. Also, if this was the fault of the driver of the car, you can bring a liability claim (assuming this was not a fellow employee in the course of his job duties). You need a lawyer to guide you through all of this.
    Answer Applies to: New York
    Replied: 5/7/2013
    Lawrence Kahn Law Group, P.S.
    Lawrence Kahn Law Group, P.S. | Lawrence Kahn
    Contact a lawyer. If the driver was not employed by the company, there is a third party case. If it was the driver's personal vehicle, there may be insurance to cover your damages.
    Answer Applies to: Washington
    Replied: 5/7/2013
    Krasno Krasno & Onwudinjo
    Krasno Krasno & Onwudinjo | Michael W. Cardamone
    Settlements are voluntary in Pennsylvania Workers' Compensation. I represent injured workers and most of my cases do settle at some point for a lump. If you don't represent, you should speak to an experienced PA Work Comp Attorney as soon as possible. The insurer is not required to offer a lump sum but most are willing at the right price of course. There are many factors which should be taken into consideration in evaluating the worth of your claim. There is no one size fits all analysis. Each case is unique. Make sure the insurer has issued a Notice of Compensation Payable which accepts the fact that a work injury took place. Sometimes, injured workers are under a false impression that their claim was accepted when it wasn't. There is a 3 year statute of limitations in PA Work Comp cases. There are many technicalities with Pennsylvania Work Comp Law which an attorney can explain.
    Answer Applies to: Pennsylvania
    Replied: 5/7/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    You may have a third party case against the owner and driver of the car. You should contact an attorney to discuss this matter immediately. If the driver of the car is a fellow employee driving a company car you may be limited only to worker's compensation.
    Answer Applies to: New York
    Replied: 5/7/2013
    Koning & Jilek, P.C.
    Koning & Jilek, P.C. | Jonathan Neal Jilek
    You can sue the at fault driver.
    Answer Applies to: Michigan
    Replied: 5/7/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Yes, but your worker's compensation carrier is going to request to be reimbursed from whatever money you get from the car accident funds.
    Answer Applies to: Florida
    Replied: 5/7/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Obviously worker's compensation is taking care of you. When all is said and done, you may be able to get a lump sum. If the car was not owned by the employer, you may be able to sue the driver and the owner of the car as well.
    Answer Applies to: Idaho
    Replied: 5/7/2013
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you. Thank you for your email, and we look forward to hearing from you.
    Answer Applies to: Illinois
    Replied: 5/7/2013
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