What can I do if I was injured and want to get a settlement? 30 Answers as of November 10, 2011

I was a passenger in an auto accident during work hours. It happened during the time we were on our way to another location. The driver lost control and ended up flipping the gang truck. I suffered an injury to my right wrist. The insurance company sent me a letter stating I was unable to get a settlement. I tried getting a lawyer but they told me that they couldn't do anything about it because of workers compensation being involved. What can I do to get what I deserve on a settlement?

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Joel H. Schwartz, P.C.
Joel H. Schwartz, P.C. | Steven A. Schwartz
It sounds like the person at fault is a co-worker of yours. Unfortunately, you were in the course of your employment and worker's compensation laws state that you cannot sue your employer or fellow employee for negligence. Your only avenue is worker's compensation. I suggest you call an experienced worker's compensation attorney in your area to find out your rights under the law and what you may be entitled to.
Answer Applies to: Massachusetts
Replied: 11/10/2011
Adler Law Group, LLC
Adler Law Group, LLC | Lawrence Adler
You can pursue a claim under the worker compensation rules. If your employer does not have coverage you can sue. If there was another car involved you can also sue the driver of the other car if they are at fault.
Answer Applies to: Connecticut
Replied: 11/8/2011
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
It may be that this is all you deserve meaning all that you are entitled to receive under the law. But what you want is more and for what you are receiving to more fully compensate you for the actual damages you have. Am I close? You do need to see a lawyer. The questions a properly trained lawyer will ask has to do with how much you're entitled to in the workers compensation case and whether anyone other than your co-employee was negligent. They should also focus on who owned the truck you were riding in at the time of the accident. You may have a case but no one has yet asked the right questions.
Answer Applies to: Iowa
Replied: 11/7/2011
The S.E. Farris Law Firm
The S.E. Farris Law Firm | Spencer E. Farris
The best thing you can do in this situation is to hire a qualified attorney. Your limited factual presentation makes it clear that you have a tort claim and perhaps a workers compensation claim.
Answer Applies to: Missouri
Replied: 11/2/2011
The Carlile Law Firm, LLP
The Carlile Law Firm, LLP | D. Scott Carlile
Because you were injured while at work, your only option is to file a worker's compensation claim.
Answer Applies to: Texas
Replied: 11/1/2011
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
Workers' compensation is your only remedy.
Answer Applies to: Michigan
Replied: 11/1/2011
R. D. Kelly Law Firm, P.L.L.C.
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
If you were injured while on the job as an employee, your sole source of compensation is usually the Department of Labor and Industries. RCW 51 (http://apps.leg.wa.gov/RCW/default.aspx?cite=51). You can start your claim on their website: http://www.lni.wa.gov/claimsins/claims/.
Answer Applies to: Washington
Replied: 11/1/2011
David F. Stoddard
David F. Stoddard | David F. Stoddard
Normally, when you are injured at work, workers compensation is your exclusive remedy . The liability insurer for the truck or the employer will not be liable. You must seek a settlement in workers compensation from the workers compensation insurer.
Answer Applies to: South Carolina
Replied: 11/1/2011
Langer & Langer
Langer & Langer | Jon Schmoll
If you are injured a co-employee by an accident within the course and scope of your employment, you have a workers compensation claim.
Answer Applies to: Indiana
Replied: 11/1/2011
The Margolis Firm
The Margolis Firm | Charles J. Candiano
This is a WC claim, but it may be more. Irrespective, you need to deal with the WC claim first. WC will pay all your medical and pay you TTD while you cannot work. Once you have healed, you are entitled to a settlement through WC. If the accident was your co-worker's fault and your employer owned the van, you're done. If the accident was someone else's fault, you can sue the 3rd party, but you cannot get any money until WC is repaid for ALL amounts it paid. Any Workers' Compensation attorney should be able to analyze the situation for you. If the 3rd party claim is worth less than the WC claim, only the attorney and the WC insurance can get any money from the 3rd party action.
Answer Applies to: Illinois
Replied: 11/1/2011
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    Your rights are limited to Workers Compensation.
    Answer Applies to: Virginia
    Replied: 11/1/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    You can file a comp claim. You cannot sue the driver individually for various reasons. First, if he or she was a co-worker negligence actions are precluded by the comp act. If not, the guest-passenger statute would not allow recovery unless you were paying for the ride.
    Answer Applies to: Alabama
    Replied: 11/1/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    If you were hurt in the course and scope of your employment you have a worker comp case, and you can recover from the comp carrier of your employer. I assume the driver was a fellow employee. You can sue the driver in a civil suit if he has assets or coverage. But you cant sue the boss except in a comp claim situation.
    Answer Applies to: North Carolina
    Replied: 11/1/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    Contact and retain an attorney who specifically handles worker's compensation cases.
    Answer Applies to: Indiana
    Replied: 11/1/2011
    McKell Christiansen
    McKell Christiansen | Michael McKell
    In my jurisdiction the exclusive remedy is worker's compensation. It is possible to receive a worker's compensation settlement but you will have to show that you are impair in some for as a result of the work related injury.
    Answer Applies to: Utah
    Replied: 11/1/2011
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    It seems that you do have a claim and the question that needs to be answered is what type of claim do you have. If it is a worker's compensation claim, then you need a lawyer who focuses on that law.
    Answer Applies to: Virginia
    Replied: 11/1/2011
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Worker's compensation covers medical expenses and time out of work. You cannot sue your employer for negligence. If you have a permanent injury, you may be able to get a "schedule award" which is based on a formula depending on the extent of your disability.
    Answer Applies to: New York
    Replied: 11/1/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    In Florida, your exclusive remedy is workers' compensation, so go get a good workers' compensation lawyer.
    Answer Applies to: Florida
    Replied: 11/1/2011
    Alfred Law Firm
    Alfred Law Firm | Janice Alfred
    If you were injured while working you should contact a worker's compensation attorney to handle your claim against your employer. Be sure to seek medical treatment for your writs if you have not already done so.
    Answer Applies to: Georgia
    Replied: 11/1/2011
    Buff & Chronister, LLC.
    Buff & Chronister, LLC. | Curtis L. Chronister Jr.
    If you are injured while on the job, then you have a worker’s compensation claim against your employer. You should seek a worker’s compensation attorney if your employer did not send you to a panel healthcare provider and has not informed you of your rights under workers compensation. If you were injured while at work and a third party could have contributed to your injury, then you could also have a personal injury claim. Most attorneys focus on either workers compensation or personal injury, but you may find one that handles both. Either way, these attorneys work on contingency fees and usually do not charge for an initial consultation.
    Answer Applies to: Georgia
    Replied: 11/1/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    I think you're out of luck on this one. The only person you could sue I'd the car manufacturer or the municipality that owned the road. Your exclusive remedy against your employer and any co-employees of the same employer is Workers Compensation. If you can find someone else to blame then you can bring what is called a "third party action". That's where the big money is.
    Answer Applies to: New York
    Replied: 11/1/2011
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