What can I do about a work related personal injury that I had to go through total reconstruction surgery? 15 Answers as of May 19, 2014I have a personal injury work related and I have seen 5 of their doctors and they say that there is nothing wrong with me and there is nothing they can do for me. I went to my own doctor almost 2 years after and went through total reconstruction surgery. Is there anything I can do about them not doing what was needed to be done?
Geneva Yourse | Geneva Yourse
In order to preserve your legal rights you have to file a workers' compensation claim. You should notify your employer as soon as you have an injury. Delay in filing could endanger your claim. You are unable to file a lawsuit outside of the confines of workers' compensation through the industrial Commission. All compensation will be received through the NC Industrial Commission. You should file a Form 18, if not already done. See this website for more information on how to get compensation and start a claim. http://www.ic.nc.gov/claimants.html If your employer does not cooperate, you should hire an attorney.
Answer Applies to: North Carolina
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
If you suffer an injury or an illness which arises out of the employment, then you have a workers compensation case. The company pays for your care and treatment, and pays your wages while you are unable to work due to that injury or illness. If they do not do what they are supposed to, you get a lawyer and file a workers compensation case.
Answer Applies to: Michigan
WILLIAM L SANDERS, ATTORNEY AT LAW | William L. Sanders
In GA, the sole remedy for a work related injury (on the job injury) is a workers comp claim. You should consult with an attorney that handles workers' compensation claims. Most do not charge just to talk, and often the fees are paid by the employer.
Answer Applies to: Georgia
Andrew T. Velonis, P.C. | Andrew Velonis
This type of question calls for personal consultation. Any lawyer discussing this would have to know what the initial injury was and how it happened, what specifically happened with each of the doctors you went to, and very important, the time-line in which each event happened. Lawyers in this feild give free consultations, so talk with a med-mal lawyer in your area.
Answer Applies to: New York
Candiano Law Office | Charles J. Candiano
The exact timeline is very important. If it is not too late, it very soon will be. Consult an experienced Workers' Compensation attorney ASAP. Seriously, a day can make all the difference. For Illinois Workers' Compensation claims, you will ALWAYS cheat yourself if your do not hire experienced counsel. You will have someone to guide you through the process AND when it is time to settle, an attorney can add value to your case IN EXCESS of his fee. So, you have fewer headaches AND you get more money. It really is a no-brainer.
Answer Applies to: Illinois
Law Offices of George H. Shers | George H. Shers
Drs. who merely supply opinions on Workers' Compensation cases are not liable for malpractice suits for misdiagnosis. You have said they did not treat you so I doubt you can do anything against them. But if five separate individuals say one thing and two years later someone says they are wrong, you have a very weak case anyway. Has the Comp. carrier accepted that the surgery was related to your work injury?
Answer Applies to: California
Boesen Law, LLC | Joseph J. Fraser III
Treatment for a "work-related" injury is going to depend a lot upon what the doctors believe actually resulted from your work accident. If you're talking a knee reconstruction, your age and condition and other activities raise a question as to exactly what was "caused" by work. Does your doctor have a strong opinion on causation that he would like to argue against the doctors who didn't take action earlier?
Answer Applies to: Colorado