What are my options if I had a severe work injury? 19 Answers as of June 08, 2015

I have been receiving treatment ever since I was injured at work in 2013. I had multiple surgeries and am now in constant pain. My doctor has given me two options: pain management taking a lot of pills or salvage surgery which will cause me to lose over 50% of my range of motion. What options do I have for filing a lawsuit in a situation like this?

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Robinette Legal Group, PLLC
Robinette Legal Group, PLLC | Jeffery Robinette
In WV, an attorney must be able to prove that your employer placed you in harm's way through lack of training, bad equipment, etc to receive more than worker's comp. Get a free consultation to find guidance and possibly help depending on the facts of your accident. So sorry to hear of your pain. Seek every possible remedy.
Answer Applies to: West Virginia
Replied: 6/8/2015
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Get a workers compensation attorney and let the person do their job.
Answer Applies to: Michigan
Replied: 6/2/2015
Gates' Law, PLLC | Thomas E. Gates
This is still a work related injury and you must work with L&I to resolve your care issues.
Answer Applies to: Washington
Replied: 6/2/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Your exclusive remedy for an on the job injury is for compensation benefits. You will not be able to sue for anything else, with certain very limited exceptions. They should pay your medical bills related to your injury for life. You will be entitled to be paid comp during the time you are off work until you reach MMI, or maximum medical improvement in your recovery. If, at that time, you have a set of permanent restrictions that prevent you from returning to your job, you will be entitled to permanent disability benefits, the extent of which depends on how disabled you are. I highly recommend consulting an experienced comp lawyer. Good luck.
Answer Applies to: Alabama
Replied: 6/2/2015
Bulman Law Associates PLLC Injury Law Firm
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
If you are receiving worker's compensation wage loss and medical benefits, you can't sue your employer or coworkers. Who else, besides maybe you, is to blame? Can't sue God either.
Answer Applies to: Montana
Replied: 6/2/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    In most workplace injuries, your sole remedy is Workers Compensation. You may wish to apply for it right away. If you are turned down, or need help in applying, retain one of the Workers Comp lawyers whose names you can find on billboards, in the Yellow Pages, or on the web (you might try Avvo.com). Good Luck.
    Answer Applies to: Wisconsin
    Replied: 6/2/2015
    Cloon Law Firm
    Cloon Law Firm | Bryson R. Cloon
    You need to speak with a good work comp lawyer.
    Answer Applies to: Kansas
    Replied: 6/2/2015
    Boesen Law, LLC
    Boesen Law, LLC | Joseph J. Fraser III
    Have you actually established a workers' comp claim? That had to be done within two years of your work injury. If you have a claim open, then you decide on what treatment to undergo. If your employer had comp insurance, then you cannot file a civil lawsuit, unless it's against a party not related to your work.
    Answer Applies to: Colorado
    Replied: 6/2/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Your options are to continue to accept worker's comp benefits, or to apply for a schedule award. A schedule award is a lump-sum by which your percentage of permanent loss to the part(s) of your body affected is applied to a table assessing the number of weeks loss you are entitled to. It would be worth consulting with an experienced worker's comp lawyer to discuss what that would come to, as against continuing to accept the benefits. Depending on how the accident happened, it might be possible to pursue other party-defendants, for example if this was a construction site accident, or if there was some other company such as a janitorial or repair service that caused or contributed to your accident.
    Answer Applies to: New York
    Replied: 6/2/2015
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    If you were injured at work, your exclusive remedy is workers compensation, unless the injury was caused by the negligence of someone other than another employee of the same company. You should seek out the representation of a good worker's compensation lawyer, who should investigate the possibility of a third party claim. That lawyer should not charge you unless they make a recovery for you.
    Answer Applies to: Florida
    Replied: 6/2/2015
    Pius Joseph A Professional Law Corp. | Pius Joseph
    Your exclusive remedy may be workers comp. If you have third party responsible for your injury you must act fast since you only have two years to prosecute the personal injury claim. In any event,you need an attorney to protect your interests.
    Answer Applies to: California
    Replied: 6/2/2015
    Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
    File a workman compensation claim.
    Answer Applies to: Utah
    Replied: 6/1/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Worker comp is your remedy, and, very rarely it can be coupled with a personal action. See an attorney.
    Answer Applies to: Michigan
    Replied: 6/1/2015
    End, Hierseman & Crain, LLC | J. Michael End
    You can't sue your employer. Did someone else negligently cause your injuries? If so, you will have three years from the date of your injury to file a case.
    Answer Applies to: Wisconsin
    Replied: 6/1/2015
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    Generally on the job injuries entitle you to workers compensation. As you likely are aware wc benefits pay a portion of your wage loss (per a statutory rate) and for your medical/rehab care. To have a pain and suffering claim, you generally have to be able to identify some "3rd party" (ie: not your employer or co-employees) who were negligent, and whose negligence caused/contributed to your injuries. Typically you have 3 years to investigate and file such a suit in Michigan (although there can be shorter statutes, and perhaps notice requirements, depending on the facts of the case). So it is best not to get internet advice, but consult a local lawyer that regularly handles these type of cases for an analysis of your situation and for more specific advice. Good luck.
    Answer Applies to: Michigan
    Replied: 6/1/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Your primary claim is governed by worker's comp. You should get all medical expenses and a permanent disability rating. You MAY also have a negligence claim if the employer (or a third party) was negligent. Get a free conference with a W.C. lawyer.
    Answer Applies to: California
    Replied: 6/1/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    Depending on the facts in most cases you have a workers compensation claim not a lawsuit. You should have Council set up the claim if you have not already done so and work toward a stipulation that will provide a financial award over the medical bills.
    Answer Applies to: Connecticut
    Replied: 6/1/2015
    Law Offices of George H. Shers | George H. Shers
    None, you are limited to the Workers' Compensation system because it was an on the job injury. If someone who does not work for your employer caused the injury, you can sue them.
    Answer Applies to: California
    Replied: 6/1/2015
    Law Offices of Laura Lanzisera, LLC
    Law Offices of Laura Lanzisera, LLC | Laura Lanzisera
    You should contact a WC lawyer asap. You may be entitled to a medical second opinion or change of doctor. Your lawyer could also work out a settlement for you.
    Answer Applies to: Georgia
    Replied: 6/1/2015
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