Can I sue my employer if I was injured at work after several months? 22 Answers as of June 02, 2013

I got hurt while working at a company. They treated me for tendinitis and kept me working under lifting restrictions. Seven months later they found an almost 2 inch tear in my rotater cuff. I had surgery then physical therapy for 5 months. After about 3 months of progress at PT I started having severe pain. I returned to the doctor and was put on an anti-inflammatory. I am still currently taking them. A few months prior to having or even knowing about the surgery, I had plans to move closer to family. I had asked my job if my injury would affect my transfer, I was told 'no not at all' they even helped me put in the transfer request. I recently made the move from Pennsylvania to Nebraska. I am now being told that I am non-transferable. I have been with this company for over 3 years, had an excellent annual evaluation, and did everything they asked up until the move. Due to the continuous inflammation and pain, I'm unable to do previous jobs or personal tasks. Do I have a case? Could I sue for continued medical care or a settlement?

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Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
You cannot sue your employer for injuries sustained on the job. Your relief is limited to Worker's Comp. You are entitled to continued treatment. If your doctor says that you have a permanent partial disability, you can get a "schedule award" which is a formula based on the percentage of loss of use, the body part affected, your rate of pay and whatever payments you have gotten so far. As far as being told that you could be transferred and then being told that you are non-transferrable, see if you can get a consult with a lawyer who practices in the area of employment law.
Answer Applies to: New York
Replied: 1/11/2012
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
Yes, actions like this are not allowed under Missouri Workers Compensation laws.
Answer Applies to: Missouri
Replied: 1/9/2012
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
Workers compensation is your only remedy. You must file a workers comp claim with your employer.
Answer Applies to: Michigan
Replied: 1/8/2012
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
Your exclusive remedy is workers compensation.
Answer Applies to: New York
Replied: 1/8/2012
David F. Stoddard
David F. Stoddard | David F. Stoddard
You are entitled to a workers compensation settlement if you have permanent impairment (which apparently you do if you cannot perform you job as you have in the past. You are entitled to continued medical treatment until you reach MMI (a medical term meaning your condition is stable and will get no better). Once you have reached MMI, the physician should assign a permanent impairment rating, which will be a big factor in what you will be entitled to. The award is based in a disability rating, which is the Worker Comp Commission's analysis of how the injury affects your ability to work. After reaching MMI, if the doctor furnishes an opinion that you need continued medical treatment to maintain your current functional capacity, you will be entitled to medical benefits indefinitely. You should probably retain an attorney to assist you with these issues.
Answer Applies to: South Carolina
Replied: 1/8/2012
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    If this all occurred outside the state of California, you need to direct the question to an attorney in that state. In California, your injury would be covered by workers compensation and you would need to speak to a workers compensation attorney. The sudden change in position on the transfer sounds suspicious. The employer cannot retaliate or discriminate against you because of an injury. A workers comp attorney or an employment attorney should be able to help you with that issue.
    Answer Applies to: California
    Replied: 1/8/2012
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    Here in the State of Washington, workplace injuries are compensated by the Department of Labor & Industries. You start your claim on their webite: http://www.lni.wa.gov/claimsins/claims/.
    Answer Applies to: Washington
    Replied: 1/8/2012
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You have a workers compensation claim but that is different than a law suit.
    Answer Applies to: Connecticut
    Replied: 1/7/2012
    Ford, Howard & Cornett, P.C. | Bradley Cornett
    Assuming your ongoing problems are related to your on-the-job injury, your ongoing medicals should be covered by work comp. You can file a lawsuit if necessary for any benefits that have not been paid. You may want to speak with the work comp carrier first to see if a lawsuit is needed to reach a settlement of your claim. With that said, you mention Pennsylvania and Nebraska in your question. You submitted your question to Alabama lawyers. If your injury did not occur in Alabama, you need to re-submit your question to the correct state. Every state's laws are somewhat unique.
    Answer Applies to: Alabama
    Replied: 1/6/2012
    The Law Firm of Shawn M. Murray
    The Law Firm of Shawn M. Murray | Shawn M. Murray
    Were you injured in Louisiana, was your employment principally localized in Louisiana or was your contract of hire made in Louisiana? If not, you probably do not have a viable Louisiana Workers' Compensation claim. Assuming that one of the three foregoing criteria applies, you likely do have a Louisiana claim. And from what you have related, you should currently be receiving indemnity (lost wage) benefits, and you should continue to receive such benefits until you have either completed the vocational rehabilitation process, or until you are employed by another company and earning at least 90% of what you were earning at the time of your injury, whichever comes first. Also, it is quite possible that a settlement of your claim can be negotiated in the near future; however, know that you can't force the insurance company to settle just as they cannot force you to settle. At this point it is in your best interest to hire an attorney to represent you. If and when the insurer wants to settle with you, the attorney can negotiate the settlement on your behalf. An experienced Workers' Comp attorney can surely recover more for you in settlement, after his/her fee, than you will be able to negotiate for yourself.
    Answer Applies to: Louisiana
    Replied: 1/6/2012
    The S.E. Farris Law Firm
    The S.E. Farris Law Firm | Spencer E. Farris
    If you were hurt on the job in Missouri, your only remedy is most likely workers' compensation (work comp.) You are not suing, you are filing a claim. Since 2005, it has become increasingly difficult for employees without attorneys to get fair treatment under workers' compensation law. We are seeing more and more employees being wrongfully denied medical treatment now than in the previous 20 years combined. You can learn a lot about the system at theinjurylawnews.com, our video website. You shouldn't wait to explore your rights, as there are strict time limits under workers' compensation.
    Answer Applies to: Missouri
    Replied: 1/6/2012
    Law Office of Russell D. Gray, PC
    Law Office of Russell D. Gray, PC | Russell D. Gray
    If you were injured on the job, by yourself, a co-employee, or by the employer, or in an accident, your only recourse is through workers compensation. You are not allowed to sue your employer. If you were injured due to the fault of a third-party, you can sue them.
    Answer Applies to: Utah
    Replied: 1/6/2012
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    Sorry, you're most likely stuck with Worker's Compensation benefits. Get a WC attorney. Good luck.
    Answer Applies to: New York
    Replied: 1/6/2012
    RECHTMAN & SPEVAK | DAVID RECHTMAN
    While this does look like a case an attorney could help you with, it is most likely controlled by the workers compensation law in the State where you were injured. If that State is Georgia, feel free to phone for a no-charge consultation.
    Answer Applies to: Georgia
    Replied: 1/6/2012
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    Youmay proceed initially by filing a worker's compensation claim. First, you should consult with a worker's compensation lawyer for specific legal advice and direction.
    Answer Applies to: Indiana
    Replied: 1/6/2012
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    Yeah it sounds like you have a case. Well it depends on the jurisdiction of your claim. Jurisdiction is a legal concept having to do with whether the facts will allow the Iowa Industrial Commission can take control of your claim and hear your case. We have to know whether your injury or your employment have substantial factors that connects it to Iowa. Where were you injured? How often were you in Iowa? Did you live in Iowa at the time of the injury? There are many factors to consider and you'll need an Iowa workers' compensation lawyer to evaluate it.
    Answer Applies to: Iowa
    Replied: 1/6/2012
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Your exclusive remedy against your employer is workers' compensation. Contact a good workers' compensation lawyer in the geographic area where your injury occurred.
    Answer Applies to: Florida
    Replied: 1/6/2012
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Can you really blame your employer for not wanting damaged goods? Blame your doctor for letting you work. He'll blame you for not following his precise restrictions. Depending on what state you are in you may want to file a Worker's compensation or occupational disease claim. Consult with a local attorney before doing anything more to screw up your case.
    Answer Applies to: Montana
    Replied: 1/6/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    If your injury is from an accident in the course and scope of your employment you should receive medical care and 2/3s your average weekly wages for as long as you are out. If you are back at work you should receive a small lump sum for any permanent damage to your rotator cuff.
    Answer Applies to: North Carolina
    Replied: 1/6/2012
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    You definitely should consult an attorney to assist you with this matter. Unfortunately, I am not licensed in the status of Pennsylvania so I am unable to provide you with any legal assistance.
    Answer Applies to: Louisiana
    Replied: 1/6/2012
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