To better understand the workers compensation system, let’s give you a brief history lesson. Before 1929, if you are injured on the job the only recourse you had was to sue your employer. The problem was if you were injured, you need immediate medical care and payment for your lost wages from the injury. However, a lawsuit between you and your employer may take several years to settle or go to a jury. During this time you could not work, had no income, and also had to pay your own medical bills. As you can see this could cause lots of problems for you as an employee.
In 1929 the North Carolina legislature enacted Worker’s Compensation laws. The workers compensation laws had two main purposes. The first was swift compensation, wages, and medical care for the injured employee. The second was limited liability protection for the employer. Therefore under the workers compensation laws, you are not able to sue your employer unless it was for a very negligent act by your employer. This is what is known as a “Woodson claim”. Currently Woodson claims are very hard to prove.
The workers’ compensation system was set up as a form of insurance for both you and your employer. The system is looked at as a “no fault system” which means that injuries are viewed as an unavoidable aspect of work relationships and there is no need to prove that your employer or a certain person caused your injury.
The workers’ compensation laws are beneficial to employers because they do not run the risk of being sued by their employees. Your employer pays a certain amount into workers’ compensation insurance throughout the year. If an employee is hurt on the job, the workers’ compensation system then pays a certain amount depending upon what type of injury is suffered. The benefit of paying workers’ compensation insurance is the employer does not have to worry about being sued by their employees due to an on the job injury. Instead, if you want to make a claim against your employer for your work related injury you must go through the workers’ compensation process and cannot sue them in court.
The workers’ compensation system has obvious benefits to the employer. However, there are also a number of benefits to the employee who was injured. If you were to sue your employer you may have to wait years to receive any form of compensation. The workers’ compensation system gives employees compensation faster in order to pay medical bills and keep up with everyday expenses. This is important because if you are injured, you may be out of work for an extended period of time. Instead of waiting several years on a trial, which you run the risk of losing and receiving nothing, the workers compensation laws allow you to receive compensation more quickly to pay rent, medical bills and any other daily expenses you may have. This system also prevents an employer from preventing you from obtaining compensation because they do not have the funds to pay for the medical bills that you may have incurred. The companies workers’ compensation insurance carrier will pay for the necessary medical care and lost wages for an injured employee. As a give and take for these benefits, you are required to make injury claims against your employer through a workers’ compensation claim instead of a typical lawsuit.
As with any legal dispute, it is important to consult a workers’ compensation attorney that can ensure that you receive the full level of benefits that you deserve.
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So if someone loses a limb or their life due to the negligence of the job they cannot be sued?
In what state/s can you sue the employer
Toni,
Generally speaking, that is correct. It depends on the details of your situation but usually someone would have to go through the workers’ compensation act to be compensated for that injury. However, other areas may come into play as well if certain safety codes were violated, etc. An experienced workers’ compensation attorney will be able to help you navigate the process so I would contact someone and discuss your situation in more detail. Best of luck!
The Duncan Law Tam
I was injured on the job from the lack of training at the job I was asked to perform. I am currently receiving worker’s comp. However, can I gain monetarily for my long term injury? Thank you
Jeff,
In short, yes, most likely. Many times an insurance company will prefer to have a clincher agreement if they believe you will be long term liability to the company. In other words, you will receive compensation depending on the severity of your injury. I would suggest you contact an experienced attorney in your area. Most will offer a free consultation and you can get a better understanding of what your case may allow in the future. Best of luck!
The Duncan Law Team
I was struck in the nose by a door pushed by another associate on the job. I now have a fractured nose. There are no warning signs or windows on the doors where this happened. My supervisor had asked me numerous times when I would come back to work and that I should come back to work in a position within the means of my condition. The company does have workers comp and I wanted to know if I should a file claim or a lawsuit because of my situation.
Rich,
Typically workers’ compensation claims aren’t going to look a lot at whether the employer “did something wrong” (although that could play a role later down the road). Generally, you will have a workers’ compensation claim if you have an injury or occupational disease that occurred at work.
Therefore, you possibly have a workers’ compensation claim. They may be responsible for any medical bills, lost wages, etc. However, there are no punitive damages in a workers’ compensation case.
Your employer is correct though, if there is work that you can complete within the limitations of your injury then you should perform those duties. I would encourage you to have a more in depth discussion with your employer and their insurance carrier. Best of luck!
The Duncan Law Team
I do home health. I was driving a client to the post office in the clients vehicle and was struck from behind and have back and neck pain still. My employer told me after I was released from the doctors care and was able to work again that they had no work for me. Can I sue them? They didn’t want me to work anymore after that and the accident was not my fault.
I have gotten a 2nd degree burn while working. It looks really bad and I havnt been able to work for about a week now going on 2 weeks. No one has called me back about my lost wages from worker comp. I will have a big scare on my hand can I sue the company
Adrianna,
If you’ve been burnt at work then you likely have a valid workers’ compensation case. You should be compensated for the time a doctor is holding you out of work. You would be paid your compensation rate (66% of your regular weekly gross wages). You will also be entitled to more if you have scar, etc. It would probably be worthwhile to contact a workers’ compensation attorney in your area to learn more about your options. Most offer a free consultation, I know we do. Best of luck!
I slip n fall at work. If I file worker comp my company would find some reason to fire me. I don’t like to work there any more . It s not heathy management. If I quit my job I still file worker comp? I heard back ground check can show u your worker comp?
Thanks !
Daisy,
You can quit your job and still file a workers’ compensation claim. However, they would only be responsible for your medical treatment, not your lost wages, etc. If you have a legitimate workers’ compensation case then I would suggest contacting an attorney and filing a Form 18. Best of luck!
I was hurt about 1 1/2 year ago, I had to have surgery, it was so bad I have not been able to go back to work I am now on disability which I hate! They took my life from me. the pain is non-stop. Depression is so bad, but I had to pay them back after I got my disability REALLY!! Can I sue then this much later, I am so upset about it! I am now having to go to a pain mgnt dr. Help
Rita,
I’m assuming you were injured while at work. In North Carolina, you have two years from the date of your accident to file a Form 18. It is critically important that you do that in a timely manner. You should also notify your employer of your accident, in writing. You cannot typically sue your employer for an injury at work. Instead, you would need to file a claim with the North Carolina Industrial Commission. Filing a Form 18 is what actually starts your case.
Since your case seems to be quite far along in the process I would suggest contacting an experienced workers’ compensation attorney in your area – they should be able to give you more guidance to your specific situation. Best of luck going forward!
My fiancee lost his whole arm at work……they put him on a broken machine, with no training, and he was alone when the job calls for 2 people to run the machine. Is he able to sue the company for negligence?
Ms. Athill,
I’m sorry to hear about your fiancee’s injury. It certainly sounds like there could be the possibility that this would fall under the Woodson Doctrine. Additionally, there could be OSHA violations which could allow for more recovery as well. Your fiancee should contact an experienced workers’ compensation attorney as soon as possible to discuss his different options. Good luck to you guys!
Damon Duncan
I broke my foot on the job an my company doesn’t carry workman’s comp can I sue
Michael,
It depends. Don’t you hate that answer? If your employer has three or more employees then they are required to carry workers’ compensation insurance. If they haven’t then you still have the ability to collect workers’ compensation but you would need to contact the appropriate state run commission to assist you in that process. Or you could hire an experienced workers’ compensation attorney to help you with it as well. Most states have programs set up to assist injured workers of underinsured or non-insured businesses. It sounds to me like it would probably be a good idea for you to get an attorney though because it sounds like you may have a winding path to navigate.
Damon Duncan
I have no idea if my job pays workers comp or anything as I’ve only been there for about 3 months. I work at a restaurant that makes sandwiches. While working about a week ago, the owner of the place helping on the grill absent mindedly closed the grill on my hand causing a second degree burn going up my hand onto my wrist that will absolutely leave a definitive scar. He knew what happened but didn’t say anything about it until a coworker brought it to his attention when he noticed my hand turn purple. Am I entitled to anything? I didn’t see a doctor, but have had to wrap it up for over a week now making work much harder. Thanks for your time.
Brian,
A number of different factors go into deciding whether you can recover in this situation. Generally, it sounds like you possibly have a compensable case. What I would suggest doing is notifying your employer of the injury and filing a Form 18 with the North Carolina Industrial Commission. At that point, if you need to see any medical professionals your employer’s insurance company can send you to someone. The question will ultimately be whether or not you will have any long term problems / scars from the burn. If not, then you could get your medical treatment paid for but likely wouldn’t have any additional compensation. However, if you do have long term disability from the burn then you may have the ability to receive further compensation. Good luck!
I went to work last Wednesday to open store.at the time walking to shut off store alarm I got hit on the back of my head from one of those heavy huge ceiling lights and metal casing to it which it seemed to appear they had taped on the ceiling instead of being screwed or bolted on the ceiling!i blacked out for a few minutes but struggled to open store until the other girl came for the morning shift that she was working with me.Since it was only @6am and my bosses don’t want to be called this early I contacted one of my bosses/owner by a text telling I need to go home and or dr do to the hit of my head.My boss told me to put ice on my head and not go anywhere.I continued working until I became very dizzy,started vomiting and I had a severe headache!! Finally after I begged and begged they told me I can go home.I told them I was getting worse so if I turned worded after I went home I would seek medical attention,they told me no Need to see a dr but just take some Tylenol,some sleep,ice on the head and a day to rest?!!i went home I got sicker after I did lay Down which by then I was vomiting way more and the swelling had got worse..actually is still pretty swollen but better from a week and a half ago.I called my boss again part owner,I told him that after I had asked hospital what to do because of my symptoms they told me to go to the er.I went to er.I had a catscan which it shows I have a concussion and a head contusion.i have swelling inside my head but no bleeding so that’s one good thing.I v being for days in pain and suffering from these headaches plus now I have blurred double vision and my eyes have being crossing do to this head trauma.My bosses have this whole accident/injury recorded on video and they know I didn’t cause it by any means!! It was do to their negligence and ghetto cheap ways of me getting hurt like this.dr has me off from work until my head swelling goes down and eye drs wante to follow up with em within 3-4 weeks but they believe my vision changes r do to the head trauma.my bosses brushed me off and avoid talking to me about paying for this bills,meds and medical expenses.until after several times off asking them about workers comp their insurance guy called me and yest.their adjuster from workers comp.i don’t think is fair tho that I ve being for over a week off from work hurting and suffering while loosing money cause I can’t work and workers comp won’t start paying for my time off until after my 7th off from work?! What I was told since I am in Omaha Ne.it was their careless act and them having tape over a light fixture that’s a violation but I’m paying for it right now while they get the easy way out?! Plus they r constantly calling me to tell me I need to go back to work when this just happened and dr has me off work.btw someone is helping me write this.Do you have any advice please? Thank you
Eleni,
I would strongly encourage you to contact a workers’ compensation attorney in your city. If you fully heal from your injury then there may not be a case worth pursuing. However, if you have long term effects from your injuries then it certainly would be a viable workers’ compensation case. There could also be possible OSHA violations which could increase your ability to recover.
I have a workers comp lawyer. Ive been out of work I.jured allmost full year. I got hurt doing a job that I wasnt certified to do nor on my job discreption know I im losing alot of things cuz I cant make it with state disability . Anyways what im asking can I sue them for pain and suffering and hardship
Randy,
You cannot. There would have to be some kind of extreme wrongdoing for you to be able to sue your employer. You being hurt at work and having a tough time financially isn’t going to be enough to do that in my opinion. Good luck going forward though.
I was on a delivery and the load was to heavy for the truck so we had to split the load. We usually would not take this heavy load but it was approved by the assistant manager and he knew that we were not allowed to load the truck with all this material. On the second trip I was loading the truck and sprained my lower lumbar. I was on light duty for 2 months. I was released by the doctor even though I wasn’t fully healed. I told management I was released but still not 100%. They sent me out on another delivery and I re injured my back so I went back and got put back on light duty by the doctor. Doctor claimed that I needed to work through the pain even though I told him I had a high tolerance for pain. I am fully released for full duty but my back will never be the same. My back aches and hurts on a daily basis, I am also feeling numbness in my left thigh. Is there anything I can do considering that this back pain will be with me for ever. I know I can’t sue but am I able to get compensated for this life long injury?
Eddie,
You need to talk to a workers’ compensation attorney ASAP. You can be compensated if you have a permanent disability to your back. You have the right to request a second opinion from another medical professional if you do not agree with the doctor’s diagnosis. Again, it would be smart to reach out to an experienced workers’ compensation attorney in your area to be sure you aren’t treated improperly. Best of luck!
Can u sue ur employer if u have a works comp valid claim
Abiyah,
You can only sue your employer if they have violated the Woodson Doctrine. However, you can file workers’ compensation claim against your employer and their insurance company.
got 2ndegree burn at work on my 4arm from cleaning the fryer n I wasent provided the right safety equipment beacuse my glove didnt past my elbow . I told my manger n my boss I got burn n they ask me was I was wearing gloves I told them yes n he said nothing. I thought he might sit me down n talk to me or file a report but didn’t . So I went to the nurse n got lil treatment n I guess they file a report which they emailed him n now they taking my situation serious n he kinda got up set n said I put him n his company in danger even my self ? He told me not to speak to nobody about my injury even my own gf ? Wat should I due
You should always report an injury at work to the appropriate party. In North Carolina that would be the North Carolina Industrial Commission through a Form 18.
I was injured on the job because I fell off a ladder due to a shelf falling on me. I had to have back surgery. My employee did not pay for me medical bill I was also later moved to a different department. Somewhat demoted but I still receive the same pay. Can I sue for both retaliation and workers compensation. Also I had a hard time scheduling my surgery because of scheduling conflicts at work. I had to keep changing the date which caused more problem for me.
Laraine,
You should absolutely contact a workers’ compensation attorney ASAP. If your employer improperly demoted you or took some kind of retaliatory action against you due to your injury you may have a REDA claim. The link explains a REDA claim in more detail. There are very strict deadlines on REDA claims though so you should move quickly.
Good luck and, again, reach out to an attorney ASAP.
I work for a battery company i fell on a customers property while i was making my delivery,can i sue the customer without losing my job?
Frank,
It depends on what caused the fall in determining the best course of action. If there was some dangerous scenario at the customer’s location then you could certainly sue them. It may also be an appropriate workers’ compensation case since you were injured while doing your job. Your employer cannot fire you for filing a workers’ compensation claim. If they did, you would have a Retaliatory Employment Discrimination Act claim against them. I would highly encourage you to contact an experienced workers’ compensation attorney and they can help guide you in the right direction. Good luck!
I have an workers comp case going now. But I am currently suing the company. Because a machine malfunctioned and crushed 2 of my fingers and im s on light duty one handed work but now they are asking me to come back a year later. Why?
Katherine,
The true answer as to why they want you to come back is because they don’t want to have to keep paying you your weekly compensation rate. However, they do have the right to have you come back to work if they can find a job for you that fits within your work restrictions. If you have an attorney I would have a discussion with them about this…if you don’t have an attorney, I would get one ASAP. You want to make sure you protect yourself in this situation and it will only continue to get more complicated in your situation. Good luck!
I work for a retail corporation, our front entrance gate has been broken for a week the manager called the company right away for an emergency repair. The repairman came but he said the gate had to be replaced or we are risking it falling. It has been has been 6 days it is still not fixed, despite various emails and calls. yesterday while opening the store the gate fell on my back. I woke up in serious pain. What can I do.
It really depends on the extent of your injuries. If your back injury will be healed in a short period of time then you should just file a workers’ compensation claim to ensure that the insurance company pays for all of your medical treatment and any time while out of work. However, if you have an injury that is more significant then it would make sense to reach out to an experienced workers’ compensation claim. You could possibly have a Woodson Doctrine claim but it would really depend on more of the details. Certainly file a workers’ compensation claim and get the medical treatment necessary to ensure you get better. Good luck!
The job that I currently work at I was stabbed in the hand by my manager, that caused me to get stitches and now my hand a year later now hurts now when under too much stress and feels weird when trying to do certain things. I was given workers compensation at the time of my hospital visit to pay for the visit and I was also given 5 days paid leave which in my opinion was not okay but I was too afraid to get fired to say anything about it. My question is what do I do keep in mind it’s been a year now…
Kameron,
If you are in North Carolina and it has been less than two years then you can still file a Form 18 and start your workers’ compensation case.
i got hurt at work and now i have a loss of feeling to half of my hand and i filed my claim was paid for loss of work they said it would heal but it hasn’t can i reopen my claim and get compenshion
has been over a year senice the injury but they said it would take a year for my radial nerve to heal hurt often and is very sensitive to hot and cold and a little tap puts me to the ground how do i go about getting compenshion
Joe,
It depends if you signed a clincher on your case. If you did, you have an uphill battle to get the case back open. However, if they just paid you for missed time and it’s been less than two years since you last had treatment on your hand then you should request further medical treatment – they would be required to provide that.
A machine broke outside of my work, maintenance was aware of it but put off fixing it, and it leaked water all over the ground and froze, I was the first to step on it and slipped breaking my shoulder in two places, had to have surgery and get two pins in my shoulder and now will have a permanent 8 in scare and my shoulder will probably not ever be 100% again not to mention the 6 hours a week of physical therapy do I have a case againsty employer ?
Scott,
You may have a claim against them for a Woodson claim. There could also be OSHA violations if they were aware of the hazard and didn’t fix it. I would strongly encourage you to reach out to an attorney because they will be able to help you tremendously in your case. Good luck!
Hello I work as a mechanic and was shocked with a light tour. The light tour has a 240 amp. I almost lost my life and stayed a week in the hospital. the electricity tore my tlc in my knee and my nerves in both hands and leg are gone. I am going to a therapy and seeing a nerve doctor. A customer rented out the light tour and before he took it. We had to show him that it worked. So I turned it on while waiting for the lights to turn on I grabbed the cored. I didn’t know the cord was bald from one side and I grabbed it. I got shocked with 240 amp.I am geting worker comp bUT its not enought . But can I sue the company for safety codes Vilation .
You could certainly try. I’m not sure that you will be successful though. You would need to show the company had knowledge of the stripped cord. If you can show they had knowledge of that and chose not to repair it then you have a much better chance of success on the OSHA claim. If you haven’t already you definitely need to talk to a workers’ compensation attorney.
This just recently happened, I was cleaning shelves in the back room. I had to move a mop head container in order to clean underneath, when I pulled out the container the whole shelf fell on my dominant hand because the shelf was not secure in the propoper holdings, the container was the only thing holding that shelf up. Causing my hand to be smashed. I cannot grasp or push anything without the pain being too overwhealming. I went to the emergency room under workers comp but all they could tell me was that I have a hand contusion since they could not do a full observation. Would this be considered employer negligence and can I file a suit?
Dinah,
Unless their was some kind of gross negligence on their part I think it would be difficult for you to be able to sue your employer. Instead, I think you need to work yourself through the workers’ compensation system. If you just have a contusion then you probably won’t be able to do much to receive long term compensation but if you believe it is more than a contusion then seek another opinion of your hand injury. Good luck!
I’m a federal worker that was injured at work. I was supposed to get Continuation of Pay for 45 days but my employ has only paid about half if it to me in three months. All bills are behind, barely can pay rent, and every time I attempted to get it resolved and all if my COP backpay, they found a way to delay it. I think they withheld the funds on purpose. Can I sue for pain, suffering and emotional distress because I haven’t been able to pay rent and other bills while waiting for my workman comp awards to began?
Dewayne,
You could sue them I just don’t think you would be successful based on what you have said. It would be very very difficult to show they delayed everything on purpose. If you don’t already have one, I would retain an attorney – that should help expedite things for you.
I’m a postal worker who got hit by our own postal truck while walking during working hours in our parking lot. I suffered serious shoulder injuries that required surgery. I’m glad that my OWCP/DFEC did not denied my claim and able to have the operation within 7 mos. I’m 52 years old and been healthy all my life,never had surgery or health problem and all of that is now change because some fellow employee was not being careful. My situation is upsetting me because I’m 3 years away from retirement and then things like this happened. I’m just wondering if Tort Law could be apply to this case against my employer for pain and suffering, inconvenience.?
Fred,
We don’t do federal workers’ compensation cases so you may want to reach out to an attorney that practices in that area. However, from what you stated, I do not believe enough would be there to sue your employer (the federal government).
My employer is a surgeon. I am a physician assistant. Neither of us works for he hospital facility. We are I a private group and I work for him. In a fit of rage in the operating room he began to throw and kick things. He kicked a piece of equipment under the table and into my leg. I had a laceration on my shin that took 3 weeks to heal. I did not file a workers comp claim. Nor did I take tIme off work. Many hospital employees said I should report him to the hospital. Anyway, I feel like his enraged outburst was ridiculous and now truly hate going to.work. it changed everything. Do I have any grounds to sue him personally for the psychological trauma I experience now? I feel that he is unstable and I wait.on egg shells for the next incident.
To recover on any psychological claim you would have to have a psychologist / psychiatrist diagnose you and explain it was a result of that incident. That is usually difficult to do. If you believe it is work related then you should go ahead and file the appropriate documents for a workers’ compensation.
Suffered torn rotator cuff on job and needed surgery. Employers insurance company paid all medical bills and received work comp for 6weeks. Am I also entitled to a settlement?
Mr. D,
It depends. Are you back at your regular job? Has your doctor given you any kind of restrictions yet? Usually if someone has a surgery the doctor will give them some type of restrictions and will give them a rating (disability rating) on their injured body part. If this is true, you could possibly reach a settlement with the insurance company. If you are back to work and there are no long term issues expected then they will likely have you sign a Form 26A and pay you based on your rating. However, if there will be some long term limitations then you should try to receive more than the Form 26A amount. I always tell folks who are injured and require(d) surgery that they should definitely reach out to an attorney to ensure they don’t hurt themselves by settling too soon.
Just wanted to know I got injured at my job 5 years ago and had to have surgery I was under workman’s comp and after returning back to work i was given a settlement. Just recently I had the same injury to the opposite side of my last injury and had to have surgery and also receiving workman’s comp, but my question is I am really upset about this and was thinking of suing if possible but if I don’t sue will they still give me a settlement and more than the last one or I will not be receiving any settlement at all?
Orlando,
It’s impossible to know if you would be getting a larger settlement than last time just because I don’t know any of the specifics of your current situation or your past situation. However, workers’ compensation should still be responsible injured body part. The fact that you have had two of these types of injuries leads me to believe they could be likely to happen again in the future in this position and would be something to consider in negotiations. Your case is a good example of a situation when you need to get an attorney.
Hi I got hurt on the job about 6 months ago I slipped and fell due to water being in the floor from a window leaking behind the wall and running onto the floor. I had to have knee surgery and am wondering if I’m able to sue my employer on negligence since the boss was definitely aware the window was leaking. Thanks
Danielle,
It’s really tough to answer the question without more information. If there is an OSHA violation then you may have a better chance at having a Woodson claim. Without that, I’m not sure you would have a lot of success. You should, however, make sure you have obtained an experienced workers’ compensation attorney to help you with your case.
I work at a prek school, I was carrying some heavy table down and up stair on the last day of school end up on the weekend with bad back pain end up at the hospital they gave me pain killer but my pain continued so they did a MRI and find out I have a herniated lumber disc weakness and numbness down my leg . I didn’t notice my employer in a couple of week later can I get worker com . I live in the state of wisconson.
You should still report your injury as a workers’ compensation claim if it happened at work. They could give you some push back since notice wasn’t all that timely but that’s a fight you can likely win.
I broke my RT foot @ work stepping off a piece of equipment that was 3 to 4 ft in height that did not have steps or a ladder. My coworker had a bunch of 2×4 boards scattered all over our work area as well my foot landed on one of the boards causing my ankle to roll and break my 5th metatarsal bone I went to the ER a day later and filed worker’s comp which I’m receiving right now … In one month I have undergone a painful surgery to align the displaced bone in 6 months I will need to have a 2nd surgery to remove the metal because DR say’s im to young to leave the metal inside my foot (I’m 24) … My foot is still fractured and my job is already wanting to get me back on light duty after only a month off of being off work … Im a pretty young ive never broken a bone in my body before or have suffered pain like this in my life or have ever felt this low its like I’m learning to do everything all over again …my injury occurred during my first week of training can I sue workers comp ??? For pain and suffering and whatever else I’m entitled too ?
Unfortunately, workers’ compensation does not include pain and suffering. You can get compensated for the time you are out of work, have your medical bills paid for and possibly receive some additional income depending on what the doctor says you can or cannot do long term. If the doctor says you can go back to work light duty then you should go back to your employer and perform light duty work if they will give it to you. If you don’t, they could deny your case. Due to you having multiple surgeries I would certainly encourage you to reach out to an experienced workers’ compensation attorney who should be able to help you. Good luck!
Hi I was hurt on the job back in November 2014 . I started receiving work comp payments in December. My comp doctor one of three had me on a 10 pound limit. I’ve been on that limit since the injury to my arm. They were calling it a sprain. Until I requested a second opinion. I have had several MRI’s done my first MRI came back that I had a labrum tear. This was in April of 2015′ I was then told by the comp insurance that , that doctor wasn’t doing anything for me. Lol yet he had tests done that showed a tear. So they proceed to tell me that I need to see one of their OAM doctors .So I went this is now 6months into my injury. This doctor ordered a second MRI and a arthrogram . Did those at same time. My second visit with this doctor was to read the results . We’ll I get to his office and they don’t have them so doctor says I will have my nurse cone in and you sign a form so I can receive them that visit was a total of 8minutes. I was told I would receive a call as soon as results came in to set up a follow up . About a week a.d a half later I received a call from a nurse and she said she wanted to inform me that the doctor released me back to full duty that I have nothing wrong with my arm . I was in shock . And I told that nurse is there a mistake . My symptom have not gone away I have constant pain in my arm all the time. She said nope he has released you. I literally only saw this doctor twice first time 20minutes second time 8 minutes then I receive a call . I thought this was rude. They said to me very rudely if you have concerns contact your family doctor. When I contacted my family doctor. I asked if my recent test results had came back for June. They said yrs I said what was the results. ? The nurse read the notes and said possibilities of several ligament tears. What should I do? I think.k I have a case?
Natalie,
You should contact a workers’ compensation attorney to help you. You need to get an independent medical evaluation / 2nd opinion through workers’ comp. Once that is done if you don’t agree with the results and the release to full duty you can file a Form 33 (here in NC). Again, these are things an experienced attorney can and should help you with. Good luck and I hope you start feeling better soon!
Okay so approximately 2012 I fell on the the school stairs at my job twice… both incidents were reported to hr , I went to the school nurse and to the school workers come doctors. they sent to a therapist which I participated in twice. but could not continue because of work constraints and no babysitter for children. I’ve been suffering from constant pain since that incident but continued to work because i couldn’t afford to lose my job at that time. In 2014 I could know longer take the pain and now have degenerative lumbar disease because of the dislocated discs I had to leave my job due to severe depression and volleying in combination with the injury. I have been out of work since June of 2014. I filed for ssdI but of course that takes years to get. When I sent to a psychiatric interview, the pension pysch sad I could file workers compel for my back and suggested I see a lawyer. I live in New jersey and worked for the Local Board fed. Is there a chance I can still get workers comp. The school does not pay state disability and I am in dire straits for money right now. what to do?
Gail,
I would talk to an attorney in New Jersey. Workers’ compensation laws are usually state specific so they could talk to you about the laws in your state. Good luck!
Stockton ca,
I had and injury at work 8/17/2015
I slipped and fell off a ladder that shifted somehow inside a pulperizer tank, I landed on a blade and slit my middle upper buttock open I had the get 14 stichtes.the company then shut down 8/21/15 and layed everyone off (they say terminated) and now they said I’m only getting compensated for 8/18/15 – 8/21/15 and I’m stuff with this injury till this day. I couldnt find a job with my experience with the injury I had and the place it was in. Am I able to do anything about this or is this normal? I feel like I’m getting screwed over. And I still haven’t seen any payments yet.
In North Carolina you would still be entitled to payments. However, it appears you are in California. You should reach out to an attorney there. Good luck!
I was a temp/contractor working for 2.5 years for my employer. I noticed they kept on hiring people from India. Then they said that they couldn’t afford my salary and laid me off. Is this legal? I could have filled most of the positions that were being done by non-US citizens.
Mark,
You would need to speak with an employment lawyer to get your question answered. We don’t practice in that area.
Hello,
I work at a hotel and was doing laundry. We have a big bucket full of stained items and i filled it up with water and chemicals to get the stains out. It looked to be only towels till i got to the bottom of the bucket which had a big blanket and I lifted up with a co worker and got in extreme pain in back and lower back. I told my boss and was sent to the nearest urgent care. They told me its back spasms. I went to their Dr and had more pain and they told me I tore muscles in my back and my right hip is rolled fwd and my left hip is rolled back and my lower back i have a bone that is turned. I got the workmen’s case started but can i sue for continues pain in lower back? I am also seeing a chiropractor who is seeing no improvement so they may move me to seeing a physical therapist and possibly getting a MRI soon.
You would not be able to sue your employer outside of the workers’ compensation case. They should be covering any medical treatment if it was an accepted claim.
My husband cuts tree’s for a living and a 20 foot top fell on his head he didn’to to a Dr because nothing was hurting feel any pain until a week later now his neck ,back and he’s having bad headaches he ad his boss and another employee see what happen now we’re not shore what to do can u please give us some advice
He should provide notice to his employer of his injury and file a Form 18. After that it’s a matter of seeing whether the defendants accept or deny his claim.
Work at job for 34 years wrist and elbow got injured at work had surgery didn’t help doctor said can’t go back to work do to injury
Hey Beth,
Thanks for your message. It certainly sounds like you need to hire a workers’ compensation attorney. Are you in North Carolina? If so, I would be happy to chat with you more about your situation. Thanks!
Hi
I worked for a grocery store as a butcher while I was working a sign fell of the ceiling and hit my neck /soldier a year ago.
I had surgery c2c3c4 .neck area about 4 months ago do I have a case ?
If your injuries are still having an impact on your ability to work then you may have a case. You would want to speak with a qualified workers’ comp attorney who can go through your case in detail to tell you for sure though.
I am a delivery driver while i was out on a delivery outside the truck i was hit by an other car can i sue my employer and the car owner. But my employer changed the trailer with a new one now i have 5o unstrap the product on the side cars are passing
In North Carolina you would be able to file a workers’ compensation claim against the employer and a separate lawsuit against the car driver. To have an actual lawsuit against your employer in addition to the workers’ compensation claim you would need to show they violated the Woodson Doctrine.
In August 2015 I fell at work, I had just punched out and tripped over a doorstop that was next to the time clock and I fell hard on my left knee. I just used ice and ibuprofen and the pain went away for the most part, but even now, a year and a half later I still have pain in that knee. I never had it checked out because it wasn’t that bad, but now I’m wondering if I should. Is it too late? and I should also mention that I no longer work for that company. I do feel as if the doorstop should not have been in a place where anyone could trip over it. thanks in advance.
You probably have a fairly uphill climb in this case. You can file a claim within 2 years in North Carolina. I would do that ASAP though.
I hurt my back and year ago at work they said they would take care of it but will not pay for days off or anything else what can I do
You should file a workers’ compensation claim, immediately, if you have not done so already. If a doctor is holding you out of work they are required to pay for that time out of work.
Yes I was injured on the job while Sand Blasting.The maintenance guy turned the pressure up on the hose and it jerk, hit my helmet and cracked it. I reported it as soon as it happened. I suffered two ruptured disc in my neck and one disc had to be taken out and replace. I have a workers comp lawyer. I now suffer from a spinal disease. Am I intitle to a settlement?
My first response would be to discuss this with your lawyer because they know the specifics. However, it does sound like you will be entitled to some kind of workers’ compensation benefits that may give you the ability to settle the case.
My father is a union worker, and fell from a ladder while on the job because he was doing work that was supposed to be done by somebody else. It’s been about five days since the injury and has had several surgeries in the ICU and now has minor brain damage and several fractures in his skull. What course of action would you reccommend we take if we choose to pursue a lawsuit against the employers?
I would for sure obtain an attorney. With injuries that severe it’s not worth messing around and not having his case be successful because of some technicality that you guys were unaware of. I hope he gets better!
I received a concussion March 23 2017 while I was on the clock. I was sitting in a chair and my two managers were ruff housing around with me while I was sitting down. I ended up pushing one away with my leg and managed to get out of the chair. My other manager was still holding onto me. I told him to get off but he did not. So i tried pushing him off me using a wall as leverage because my manager is a heavier guy. I pushed off the first time and it startled him but he was still holding me. I attempted pushing off a second time and as I was about to push off he threw me up against the wall and I hit my head. I went to see numerous doctors because I’m still not feeling good. I am a 22 year old, college student and i commute everyday to school by train. I have expenses that have to be paid so I returned to work. I’m currently on light duty, workers comp denied my claim, so my supervisor told me my employer said he would take care of me. I learned last week from my supervisor that the company is working with the insurance (workers comp.) Because they do not want to pay for the hospital bills. I don’t know what to do with my situation.
I would get an attorney if your claim has been denied.
I am a unloaded at ups. The driver was negligence and pulled off while I was on back of truck, I fell off and sprained my knee. There are no safety signs up for unloaded. Am I able to sue for pain and sufferring?
In North Carolina, it is probably unlikely. However, I would reach out to an attorney to discuss the specifics of your situation.