How do we get a personal injury settlement from the employer? 45 Answers as of July 03, 2013

My sister was hit by a truck while taking out the trash for a fast food restaurant. It was in their parking lot when the truck struck my sister, breaking her hip. Now it is a year later and we are trying to figure out what to expect and the kind of process.

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Law Office of John D. Wales, PC | John Wales
When an employee is injured at work while in the course of performing duties, the workman's compensation laws of Georgia will provide the exclusive remedy (absent extenuating circumstances). The situation you describe appears to fall within the ambit of workers' comp coverage generally. Please talk to Workers' Comp attorney. As to the truck river, if he or she was not a co-worker you may look into their potential liability. For that you should bring up the possibility, if any, of a personal injury suit against the driver when you speak with a Worker's Compo attorney.
Answer Applies to: Georgia
Replied: 12/13/2011
Law Office of Sam Levine, LLC
Law Office of Sam Levine, LLC | Sam L. Levine
Dear Brother of Sister Hit By A Truck, Advice to you online would not do your sister justice. You & your sister need to speak to an attorney. There are many legal issues at play here as well as deadlines. Among the many issues are past, present & future pain & suffering as well as past, present & future medical bills. Impairment is also a significant issue that needs to be dealt with. Please consult with an attorney that is accessible & compassionate.
Answer Applies to: Georgia
Replied: 12/12/2011
Law Office of William L Spern | William Spern
Your sister should be on worker's compensation for her work related injury. She should also be filing a suit against the owner and driver of the truck unless the driver was a fellow employee in the course of employment and the truck was owned by the employer. Your sister should seek the services of a tort lawyer immediately.
Answer Applies to: Michigan
Replied: 12/12/2011
Law Office of Ronald Arthur Lowry
Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
Hire a lawyer and file suit. Until your sister does that they will not take the claim seriously.
Answer Applies to: Georgia
Replied: 12/9/2011
Tucker Griffin Barnes, PC | Yvonne T. Griffin
In Virginia, injuries at work are handled through workers' compensation. If the truck was part of the fast food operation, workers' comp is probably your sister's only recourse. If the truck was being driven by someone not associated with the business, your sister may have a claim against the driver of the truck in addition to her workers' comp claim.
Answer Applies to: Virginia
Replied: 12/9/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You appear to have a good worker comp case. Has it been reported? Has the carrier paid the medical bills ?if not it should be reported to the NC Industrial Commission in Raleigh on a form 18. Has she been paid her lost wages (2/3s)? she should be paid a lump sum when the doctor releases her for any unpaid wages and for any permanent injury.
    Answer Applies to: North Carolina
    Replied: 12/9/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    It is solely a workers compensation case and should be handled with a lawyer.
    Answer Applies to: Michigan
    Replied: 12/9/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    Your sister, the injured party, should consult with a plaintifrf's worker's compensation lawyer for specific legal advice and direction regarding her claim against her employer.
    Answer Applies to: Indiana
    Replied: 12/9/2011
    RECHTMAN & SPEVAK | DAVID RECHTMAN
    Georgia law provides no means to bring a personal injury claim against an Employer. By law, your sisters exclusive remedy is workers compensation benefits. Have your sister contact an attorney concentrating in workers compensation law, such as myself, to talk about the specific details of her injury at work. A workers compensation attorney will be able to determine what remedies might be available under the workers compensation laws.
    Answer Applies to: Georgia
    Replied: 12/9/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    If she was employed by the restaurant, she should have made a claim for workers compensation benefits. If you know who owned and/or drove the truck, you have 4 years in Florida to file a lawsuit against them for your sister's personal injuries, but start by making contact with their insurance company and see what the insurance company is willing to do....and always, see a lawyer. Most personal injury lawyers do not charge for an initial consultation so you have nothing to lose.
    Answer Applies to: Florida
    Replied: 12/9/2011
    Nancy Wallace, Attorney at Law
    Nancy Wallace, Attorney at Law | Nancy Wallace
    You have described a workers' compensation claim against the employer. You may not pursue a 'personal injury' civil lawsuit against an employer, only workers' compensation. Only the Treating Physician's final report and the Panel Qualified Medical Evaluator's reports are admissible to prove Temporary Disability, Medical Treatment requirements, Permanent Disability and future medical treatment needs. So get the Treating Physician to write the final report, get it rated, and ask about double the dollar value of the Permanent Diability to cover future medical requirements... smarter still, HIRE A CERTIFIED SPECIALIST IN WORKERS COMPENSATION BEFORE ANY MORE TIME PASSES.
    Answer Applies to: California
    Replied: 12/9/2011
    Goodman & Goodman PA | Bruce Elliott Goodman
    Unfortuanately your question can not be answered without ascertaining additional facts regarding the truck that hit your sister and how the accident occurred.
    Answer Applies to: Maryland
    Replied: 12/9/2011
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    Okay, your sister may have a decent claim, but you I'm not so sure of any claim you may want to pursue. For your sister it's not so simple because she probably has two claims; one having to do with workers' compensation and the other from the driver and owner of the car. What the heck was the driver looking at anyway? Certainly a young woman walking across a parking lot carrying a bag of trash isn't likely to be moving very fast. The driver should have seen her. But that aside she needs a lawyer. Her claims/cases are complicated by the intertwining of the two cases and she should hire a lawyer who understands both areas. We do and if we can help give us a call. We've done this kind of work for over 30 years and can get her a decent recovery. If we don't hear from you good luck.
    Answer Applies to: Iowa
    Replied: 12/9/2011
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    She needs to file a worker's compensation claim against her employer. If truck driver did not work for her employer, she needs to sue him. She may be running out of time so talk to a personal injury lawyer ASAP.
    Answer Applies to: Virginia
    Replied: 12/9/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Seems like you would have a workers comp case against the employer since it occurred on the job. But you might also have a claim against the company that owns the truck. You need to speak to a workers comp attorney and a personal injury attorney to sort out your rights. Your remedies in workers comp are limited and are much broader against the trucking company.
    Answer Applies to: California
    Replied: 12/9/2011
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    For on-the-job injuries, the Department of Labor & Industries should pay the bills and provide compensation for injuries. See RCW 51 (http://apps.leg.wa.gov/RCW/default.aspx?cite=51.) If you haven't made a claim already, you can do so on their website: http://www.lni.wa.gov/claimsins/claims/. If the driver of the truck was a negligent third party, you can bring a lawsuit against him to obtain the full value of compensation you deserve. You should retain a personal injury attorney to help you do that.
    Answer Applies to: Washington
    Replied: 12/9/2011
    EJ Leizerman & Associates | Michael Leizerman
    If the truck was driven or owned by somebody other than her employer who was driving through the parking lot, your sister can bring a claim against the driver of the truck. Also, she can bring a workers' comp claim since she was injured while on the job. It often works best to make the comp claim in order to receive income and have medical bills paid, then pay comp back out of the claim for the truck accident. Good luck!
    Answer Applies to: Ohio
    Replied: 12/9/2011
    Lapin Law Offices
    Lapin Law Offices | Jeffrey Lapin
    Your question, while involving employment, actually seems to be about workers compensation and possibly a personal injury case. The details provided about your question make it difficult to provide a completely thorough answer as it does not contain a lot of important information such as your sister's injuries, where the incident took place (which State), who was driving the truck, did the employer have workers compensation insurance. As such, a general answer will be given. Assuming this occurred in Nebraska, your sister would be entitled to workers compensation benefits. These benefits may include payment of medical expenses, temporary total disability (TTD) benefits, permanent partial disability benefits (PPD) and possibly other benefits as well. Either the employer or its workers compensation insurer should be paying all of the work comp benefits your sister would be entitled to. If your sister does not make a full recovery from her injuries, she may be entitled to permanent disability benefits. She would need to obtain an impairment rating to determine how much money she would be entitled to. If your sister and work comp can agree on a doctor to determine her impairment rating and both agree that the impairment rating given is accurate, work comp would pay your sister permanent partial disability benefits depending on the rating. If there is a disagreement, either work comp or your sister could file suit in the Nebraska Workers Compensation Court and ultimately let a judge decide what your sister is entitled to. In addition, your sister may have a personal injury (third party claim) against the truck driver and other parties as well. Your sister would have this additional claim if the truck was not owned or being operated by another employee of your sister's employer, i.e. one of her co-workers was driving the truck. If your sister was injured by a truck driven by a customer, assuming the truck driver was at-fault, your sister could try and settle with the truck driver's insurance company. If that is unsuccessful, she would have to file suit against the truck driver. Again, this is just general information based on the limited information provided, which could change depending on additional facts. This answer is not a substitute for professional legal advice and does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to you or your sister's interests. Your sister should seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect her rights. If she believes she has a claim against someone, she should consult an attorney immediately, otherwise there is a risk that the time allotted to bring her claim may expire.
    Answer Applies to: Nebraska
    Replied: 12/9/2011
    Law Offices of Tom Patton
    Law Offices of Tom Patton | Thomas C. Patton
    It sounds like this may be a third-party liability case. If the truck and driver that struck your sister was not employed by the same company, then you can achieve a far more favorable settlement than you could through workers compensation. If you consult with an attorney, you will understand that you can sue the third party directly, in addition to any work comp benefits she has received. They will have a lien that needs to be paid back, but an attorney will recover far more than the lien, and far more than you could obtain from work comp.
    Answer Applies to: Oregon
    Replied: 12/9/2011
    The Olawale Law Firm | Emmanuel Olawale
    Your sister may sue the errant driver for personal injury. However, your sister may only recover workers' compensation from her employer either directly of through the Industrial Commission.
    Answer Applies to: Ohio
    Replied: 12/9/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    She may well have a worker's compensation claim as well as a third party claim against the driver.
    Answer Applies to: Alabama
    Replied: 12/9/2011
    Lafer Law Firm | Marc S. Lafer
    Assuming your sister was working as an employee at the time of the incident, she should be covered under workers compensation. However, one typically must file a claim within 1 year of the incident and you are at the 1 year mark. I assume with the injury this is the route you've already taken. As for a personal injury, assuming the truck driver was not employed by the same company your sister works for, she would likely have a personal injury claim against the truck driver, a "third party". The statute of limitations would be 2 years. You can make a claim against the trucking company/insurance carrier and try to settle and/or simply file suit in the Superior Court.
    Answer Applies to: California
    Replied: 12/9/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Did she file a worker's comp claim? Did you retain counsel? Did anyone settle a claim? What were the terms of that settlement? Was the settlement in writing of some sort?
    Answer Applies to: California
    Replied: 7/3/2013
    Ballon Stoll Bader & Nadler, P.C.
    Ballon Stoll Bader & Nadler, P.C. | Marshall B. Belloven
    Your sister should hire an attorney to represent her. There is a 3 year statute of limitations for personal injury cases.
    Answer Applies to: New York
    Replied: 12/9/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    Your sister can only get worker's compensation from her employer. If the truck was driven by someone who doesn't work for the employer, your sister can sue for pain and suffering, etc.
    Answer Applies to: New York
    Replied: 12/9/2011
    Garruto & Calabria, LLC
    Garruto & Calabria, LLC | Andrew F. Garruto
    Your sister has a workers' compensation claim that will be pending for a while as I presume that she is still in treatment. She also may have a personal injury claim against the truck driver and his/her employer (unless the truck driver is a co-employee).
    Answer Applies to: New Jersey
    Replied: 12/9/2011
    The Nielsen Law Firm PLLC | Yuri Nielsen
    If a person is acting within the course and scope of their employment when an injury occurs the can pursue a Workers Compensation Claim through their employer. Given the circumstances indicated in your email it also appears that there may have been a third party liability claim against the driver of the truck for negligence in causing the injury. There are several issues here that should be addressed as soon as possible including the applicable Statute of Limitations and assuming a Workers Comp Claim has been filed there will need to be a re-assignment given by the Workers Comp Administrator in order for an Attorney to assist with resolving the Claim. With significant injuries that have the potential for long term care and future medical bills, I would highly suggest that you consult an Attorney as soon as possible to discuss these issues in greater detail. A consultation with a local Personal Injury Attorney to explore the Claim should be free of charge and most will handle the Case on a Contingency Fee basis meaning that there will be no out of pocket expense to the injured party until/unless a settlement agreement is reached to resolve the matter.
    Answer Applies to: Arizona
    Replied: 12/9/2011
    Gilbert & Bourke, LLP | Brian J. Bourke
    In California she would be covered by Workers Compensation Insurance which would provide benefits for payment of medical bills, temporary disability for time off work and a permanent disability settlement. She would also have her own personal injury claim v. the negligent driver. She would need to present that claim, not her employer. She should consult with an attorney right away to enforce her rights in these tow (2) claims.
    Answer Applies to: California
    Replied: 12/9/2011
    Broad Law Firm, LLC
    Broad Law Firm, LLC | Donald K. Broad
    In Indiana, her only recourse against her employer would be work comp. However, she would still be able to sue the driver of the truck that hit her.
    Answer Applies to: Indiana
    Replied: 2/17/2012
    Wooten, Kimbrough & Normand, P.A.
    Wooten, Kimbrough & Normand, P.A. | Orman Kimbrough, Esq.
    Your sister may have more than a worker's compensation claim. Though she was at work when injured, she may have a valid claim against the driver and owner of the truck that hit her. Also, if that person was in the course of employment, that employer may have responsibility to your sister. There could be other automobile uninsured motorist coverage that would apply. It would be wise for your sister to speak to a personal injury attorney who can review the specifics of her case and advise her how to proceed.
    Answer Applies to: Florida
    Replied: 12/9/2011
    Law Office of Dean B. Gordon
    Law Office of Dean B. Gordon | Dean B. Gordon
    If the truck was owned by your sister's employer or driven by one of its employees then she might be limited to workers' compensation from her employer although she might be able to sue the driver personally. Your sister should probably talk to a lawyer to obtain appropriate advice.
    Answer Applies to: California
    Replied: 12/9/2011
    McKell Christiansen
    McKell Christiansen | Michael McKell
    Your sister can bring a worker's compensation claim because the accident happened while she was at work. Your sister could also bring a third-party claim against the trucking company assuming the trucking company is not your sister's employer. Good luck!
    Answer Applies to: Utah
    Replied: 12/9/2011
    Shaw Law Firm
    Shaw Law Firm | Steven L. Shaw
    Your sister's claim is against the truck that hit her, but probably not her employer. In Washington State, employers are exempt from suit in most situations. Your best bet is to speak to an attorney with experience in dealing with auto injury claims and worker's compensation.
    Answer Applies to: Washington
    Replied: 12/9/2011
    The Torkzadeh Law Firm
    The Torkzadeh Law Firm | Reza Torkzadeh
    There are many issues involved in your sisters case including potential worker's compensation and third party liability claims. This is not something that she should try to handle on her own.
    Answer Applies to: California
    Replied: 9/5/2012
    Andrews & Sanders Law Office
    Andrews & Sanders Law Office | Richard A Sanders Jr
    Your sister could sue the truck driver if he/she was negligent. There is a possibility if your sister was working thenshe may have to proceed under worker's compensation. However, either way she needs an attorney. Most attorneys would take this case on a contingency. If you recover they they take a percentage of the recovery.
    Answer Applies to: Georgia
    Replied: 12/9/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You won't get a personal injury settlement from her employer. She has a worker's comp claim against her employer. She may have a personal injury claim against the driver and owner of the truck, but you should contact an attorney right away for a free initial consultation.
    Answer Applies to: Oregon
    Replied: 12/9/2011
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    No too clear on the facts but, if you sister was injured by her employer (co-employee driving the truck) = worker's compensation claim. If you sister was working and was hit by someone she does not work for (some third party), she needs to file with worker's compensation but, can proceed with a personal injury claim against the driver of the that truck. You need an attorney to sort this out for you.
    Answer Applies to: New York
    Replied: 12/9/2011
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    First of all if you did not already you should definitely contact a lawyer to review the facts of your case. Your sister cannot sue her employer for her injuries because she has workers compensation benefits which preclude her from suing her employer. IF the truck is owned by someone other than her employer, she can bring a case against that entity. Just because someone bring a lawsuit does not automatically mean that the case will settle for a variety of reasons, i.e liability, type of injuries, has the person completely healed from her injuries.
    Answer Applies to: New York
    Replied: 12/9/2011
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    This sounds like a complicated matter. Clearly, this is a worker's compensation situation because your sister was in the course of her employment. If the accident was her fault, the only recourse is worker's compensation. However, if the accident was the truck driver's fault, then there is also a claim against that driver and his company for pain and suffering. Given the severity of your sister's injuries, I strongly suggest you contact an experienced personal injury law firm for help on this. Your family should not do this alone - the insurance company could easily take advantage of you without representation.
    Answer Applies to: Massachusetts
    Replied: 12/9/2011
    The S.E. Farris Law Firm
    The S.E. Farris Law Firm | Spencer E. Farris
    Your sister should talk to a trial attorney. If she was hurt by a third party while working, she has a workers' compensation claim to pay her medical and lost wages, and a personal injury case as well. Both of these are difficult on their own, but with two cases, professional help is essential to her if she wants to recover her losses.
    Answer Applies to: Missouri
    Replied: 12/9/2011
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    It should be a workers' compensation claim. There is no pain or suffering or full wage loss damages. If she returns to the restaurant or is capable of similar work, there will be not significant settlement. Each case is different so the best thing for her to do is get back to work as fast as she can and see if she has problems.
    Answer Applies to: Montana
    Replied: 12/9/2011
    Park Law Offices LLC | Kevin Parks
    You need to contact a personal injury attorney to help you with the process, immediately. If it's already been a year, you may well be backing up to significant statute of limitations issues. Additionally, your claim may involve actions against the employer for injuries, as well as the truck driver or the trucking company, in addition to worker's compensation or other legal issues potentially at play.
    Answer Applies to: Oregon
    Replied: 12/8/2011
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