What kind of attorney do I need to have for a forklift tire explosion accident, personal injury or worker compensation? 13 Answers as of January 27, 2013

I have case with worker compensation and attorney with this case but I have a concern because the insurance want to give me a settlement before court day. After that want to close, the claim and I still have problem related with the accident, still have PTSD, chronic headache, ringing ear, PPI right hand, blind left eye and insomnia. My head feel like to blow up after 4 to 6 hour. Everyday I have been awake or doing anything. The settlement they offer is for compensation for one year that what I make when i was healthy. I have medical report but not enough for them to see that I have a problem. Insurance helped me for 8 months. After that they cut everything for controversy. Now I don’t know what to do and don’t feel right because of company negligence. They didn’t provide the trainee and the equipment for this kind the job, even I ask for. I live in WA.

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
It depends on who is at fault. An injury while on the job is a workers compensation case. If the product was defective, then you may also have a product liability case.
Answer Applies to: Michigan
Replied: 1/27/2013
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
If your attorney doesn't understand both work comp and personal injury he needs to associate with someone that does.
Answer Applies to: Iowa
Replied: 1/27/2013
Reade & Associates
Reade & Associates | R. Christopher Reade
You need an attorney to handle the (a) workers compensation portion as relates to your employer and (b) product liability portion as against the tire manufacturer.
Answer Applies to: Nevada
Replied: 1/27/2013
The Law Office of Stephen R. Chesley, LLC
The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
IF there is someone else to blame for the injury other than your employer you may need to consult an attorney who does personal injury. If your employer is the sole cause of the incident your remedy is worker's compensation.
Answer Applies to: New York
Replied: 1/27/2013
Durham Jones & Pinegar | Erven Nelson
Your employer is probably protected by the workers compensation statutes, meaning that your remedy is limited to workers comp against the employer. But, you should not agree to a bad settlement. Don't agree to anything until you are finished with treatments with doctors and know the full extent of your injuries, damages (including future disability or lost work) and medical bills. In addition to the workers compensation claim, you could sue the tire manufacturer in court for products liability if the tire was improperly manufactured. A good personal injury attorney will know what to do.
Answer Applies to: Nevada
Replied: 1/27/2013
    Law Offices of Sandeep G. Agarwal
    Law Offices of Sandeep G. Agarwal | Sandeep G. Agarwal
    If it happened while at work, you need a workers' compensation attorney. If not, a personal injury attorney. A lot of attorneys handle both types of cases.
    Answer Applies to: California
    Replied: 1/27/2013
    Law Offices of Mark West
    Law Offices of Mark West | Mark West
    WARNING: I am not a Washington attorney so this information is based upon California law where I practice, but may be applicable there. In California, the sole remedy against an employer for a workplace injury is workers compensation, therefore a workers compensation attorney would be advisable. However, there could also be what is called a 3rd party action against the manufacturer of any of the tools/machines you were using if they were defective or negligently designed or manufactured. I do not know the statute of limitations in Washington, but in California, as against the manufacturer you would have 2 years within which to bring your case. You should contact a personal injury attorney in Washington who could advise you better.
    Answer Applies to: California
    Replied: 1/27/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    You need to talk with your lawyer about this. He or she is in the best position to advise you on your comp case and any potential third party case. The extent of your injuries and why the tire exploded are important factors in determining whether you have a third party case for the tire explosion. You can get free information on a Google search for Alabama accident and compensation law which should help you talk with your lawyer. If you decide you need another lawyer, seek one familiar with both accident and compensation law.
    Answer Applies to: Alabama
    Replied: 1/25/2013
    Moore Law Firm
    Moore Law Firm | Frederick J. Moore III
    This really depends on if there was a defect in the tire. Cases involving serious injuries as a result of a product defect are generally worth more money than cases based solely on workers compensation laws. It is best to consult with an Alabama attorney that specializes in this area of law so that you can properly know your rights and how best to present your case to get the damages you deserve.
    Answer Applies to: Alabama
    Replied: 1/25/2013
    Mike Lewis Attorneys | Mike Lewis
    If your accident occurred North Carolina while you are employed here, you would likely have a claim for workers compensation benefits as well as a potential claim for the defective product. I cannot give you any price as to the law in the state of Washington.
    Answer Applies to: North Carolina
    Replied: 1/25/2013
    Roberto Salazar
    Roberto Salazar | Roberto Salazar
    You need both a personal injury to help you with a potential defective product (the tire explosion) and a workers compensation for that part of the case. Make sure to consult with an attorney of your choice in each of those areas.
    Answer Applies to: Texas
    Replied: 1/25/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    There is a difference between getting a second opinion from another attorney and asking someone to second guess your attorney. The worker's comp insurance carrier is talking about giving you a "lump-sum" settlement on your claim. You are correct to question whether that is the best option. To give you a sound answer, a lawyer will have to get a copy of your complete file and interview you extensively. It may be worth the cost of a consultation fee, so you will not be wondering for the rest of your life whether or not accepting or rejecting the offer was the right decision. Also: while you cannot sue your employer, you may have a cause of action against someone else, for example the manufacturer of the tire, the manufacturer of the forklift, or a repair company. It depends on how and why that tire exploded. Investigation is needed.
    Answer Applies to: New York
    Replied: 1/25/2013
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