What can I do if I was injured at work and now have pain? 39 Answers as of February 17, 2012I was injured at work and it resulted with a fractured/herniated lower disc at work while doing a job. I haven't been to work or have done any regular things without pain and discomfort. The fracture resulted from heavy lifting, no cranes or any lifting device was provided . What can I do? Do I have a lawsuit ?
C Meryl Murphy, Attorney-at-Law, LLC | Candace M Murphy
You should consult with an attorney regarding your claim. If you were injured on the job during the course and scope of your employment, then you may have a workers' compensation claim. The only way to get a clear understanding of your case is to consult with an attorney so that he/she can conduct a complete evaluation of your case. After a complete evaluation, you will know whether or not you have a claim/lawsuit.
Answer Applies to: Texas
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You have a worker comp claim. You did not say when this occurred. You are supposed to report an accident promptly to your boss. If he doesnt cooperate report it to the NC Industrial commission in Raleigh.
Answer Applies to: North Carolina
Lombardi Law Firm | Steve Lombardi
It sounds like you have a cumulative trauma injury. One brought on by the slow and steady wearing out process. Go to the doctor and then see a lawyer. You have a complicated case and it appears significant damages to warrant a workers' compensation claim.
Answer Applies to: Iowa
Wilson & Hajek, LLC | Eddie W. Wilson
Most employment falls under worker's compensation laws. You would have a claim under that. Some employees of railroads and some maritime workers come under Federal law known as FELA and the Jones Act, respectively. Call an attorney and he will discuss how to pursue any claim you may have and the applicable law.
Answer Applies to: Virginia
Andrew T. Velonis, P.C. | Andrew Velonis
Worker's comp 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
J Wayne Turley BC | Wayne Turley
You should report your injury to your employer if you have not already done that. Provide the date, place, time, any witnesses and any other details that would help prove the injury. I assume you have seen a physician if you have a diagnosis of a fracture or herniated disk. If not, make an appointment to see an orthopedic surgeon as soon as possible. Tell the doctor the details of how and when the injury occurred and that it was a work-related injury. Ask if the physician will file your claim with the Arizona Industrial Commission. If so, keep a copy. If not, then you must file the claim in writing with the Industrial Commission of Arizona within one year of the date of the injury yourself. Then your employer's workers comp insurer will have 21 days to send you a notice denying or accepting your claim. If accepted, you receive medical care paid 100%, and compensation at the rate of 2/3 of your average monthly wage during the period your physician has you in a no work or limited work status. If the claim is denied then you must request a hearing within 90 days of the date on the denial notice. A judge will be assigned to your case and a hearing date set. If you will require a hearing you should hire a lawyer to represent you since the insurance company will be represented by an attorney. Unless a third party, not your employer or a co-employee, helped cause your injury, the workers compensation claim is the only claim you can make. If a third party did help cause your injury then you may be able to make an additional claim against that third party. You should contact an attorney to discuss what claims you may make and the time limits.
Answer Applies to: Arizona
Law Office of Jared Altman | Jared Altman
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
Miller & Harrison, LLC | David Harrison
If you were injured at work, you have a Workers Compensation claim and should hire a Workers Compensation lawyer. There are specific procedures to follow that allow for certain recoveries based on the injury, sometimes re-training for a different type of job, etc.
Answer Applies to: Colorado
The Law Firm of Shawn M. Murray | Shawn M. Murray
As a general rule, an injured worker is only entitled to 1) "reasonable and necessary" medical care, 2) mileage reimbursement for medical (and vocational rehabilitation) travel and 3) indemnity (lost wage) benefits for up to 10 years (unless he/she is deemed permanently and totally disabled by a judge). If you are receiving all three benefits then there is no dispute and you do not need to file a lawsuit at present. However, you are well advised to get an attorney regardless, even if you are receiving all of the above benefits, especially if/when the insurance company offers to settle your claim with you. An attorney can almost certainly get you significantly more money, after his/her fee, than you will be able to get on your own. Additionally, please be aware that you only have one year from the date of your accident to file a lawsuit if a dispute does arise (which it almost certainly will).
Answer Applies to: Louisiana
Law Office of Russell D. Gray, PC | Russell D. Gray
In Utah, if you are injured on the job and the injury is caused by you, the employer or a co-worker, your only recourse is through the workers compensation system. Talk to an attorney who specializes in this area. If your injury was caused by the negligence of a third-party (such as another driver who hit you in a car accident), then you might have a claim against the third-party.
Answer Applies to: Utah
Joel H. Schwartz, P.C. | Steven A. Schwartz
Unless there is some other entity (besides your employer or a fellow employee) that is responsible for your injuries, you basically have only a worker's compensation claim. Except for a few minor exceptions, you cannot sue your employer for "pain and suffering."
Answer Applies to: Massachusetts
Law Office of Dean B. Gordon | Dean B. Gordon
It sounds like you should talk to a Worker's Compensation lawyer. You probably cannot sue your employer, but you might be able to recover if there was a general contractor or other subcontractors that caused your injury.
Answer Applies to: California
Mitchell S. Sexner and Associates | Mitchell Sexner
If you were injured doing something at work, then there's an excellent chance that you have a workers compensation case. You should be entitled to medical payments, lost time from work and other benefits including a lump sum of money if you qualify. Papers called an application for adjustment of claim should be filed as quickly as possible to properly protect your rights.
Answer Applies to: Illinois
The S.E. Farris Law Firm | Spencer E. Farris
You probably don't have a "lawsuit." In Missouri, job related injuries fall under the jurisdiction of the Division of Workers' Compensation (work comp) and claims are filed there. While there may be a hearing (which some refer to as a trial) it is not the typical civil court setting with a jury. If your injury occurred due to the negligence of a third party, including a coemployee, or if you work on a railroad, riverboat, or certain other settings, you may also be able to pursue a civil case. For a serious injury like yours, you need to speak to an experienced trial attorney as soon as possible. Statutes of limitation will bar a claim that is not timely filed.
Answer Applies to: Missouri
Garruto & Calabria, LLC | Andrew F. Garruto
You have a workers' compensation claim, and I presume that you already notified your employer and that they are authorizing/directing your medical treatment. You may or may not also have a lawsuit - this depends upon a number of factors.
Answer Applies to: New Jersey
Dwyer, Black & Lyle, LLP | Kevin Habberfield
You likely have a worker's compensation claim. Can't tell with those facts if you have more. Ask your employer for the worker's compensation forms and go see a personal injury attorney. They may be able to find a defendant for you that is not your employer. Worker's compensation will pay for your medical bills and a percentage of your lost wages.
Answer Applies to: New York
Durflinger Oliver & Associates | James Edmund Oliver
I'm sorry to hear about your injury. First, you need to see a doctor, so that you can get a diagnosis and begin treatment, if necessary; Second, you need to report the injury to your employer; and, Third, you need to open an L&I claim. There are a number of solid attorneys who can help you.
Answer Applies to: Washington
Law Firm of Martin & Wallentine | Richard Martin
You certainly may have a lawsuit. However, most states have enacted worker's compensation laws, which may provide the exclusive remedy for workplace injuries. There are exceptions, however. Consult a personal injury attorney immediately to evaluate your case and to assess your rights. Many states place strict time deadlines on reporting injuries under the workers' compensation laws.
Answer Applies to: Kansas
Broad Law Firm, LLC | Donald K. Broad
Assuming that the incidence occurred within the statute of limitations (2 years in Indiana), then you should pursue a work comp claim for your injury. In Indiana, that is the sole remedy available against your employer. However, you may have claims against other entities, depending upon how the injury occurred. You should consult a personal injury attorney in your area to be certain of your rights.
Answer Applies to: Indiana