I had back surgery from a work related injury. I’m still not 100%. Do I have a possible lawsuit?
I had lower back sugery, and I’m not 100%. If my recovery doesn’t get better, can I sue them for anything? I mean, this is my back, and I don’t want to end up handicaped. This is under Workers Comp.
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Heck yea – you can’t take any chances when it comes to your back.
Talk to a lawyer and see if they think you have a case.
In the meantime dont let them make you go back to work until you are 100%.
you can collect from workman’s compensation.
Now if you can prove that the employer was directly responsible for your injury, such as poor working conditions you might sue him. but be prepared to work elsewhere. you better get a damn good lawyer who’s willing to represent you. Big companies have bigshot lawyers working for them Are you willing to face them. it would be like David against the big Goliath.
You get workman’s comp, which will aid you in your medical bills and paying your bills.
If you can prove that your employer was negligent in any way, causing the injury, then you can sue them. If it was just an accident, you can try, but it is harder to prove your case. Speak to an attorney that specializes in these sorts of cases, and they will better be able to inform you of things.
ONLY if there was neglect on part of the company, IF you had an accident say slipping or tripping…not likely.
However IF the area you worked in was OUT of CODE or IN a CODE violation and did not fix it and it was a dangerous area and you were still made to work there…then possibly YES…
If you were following all safety rules and precautions you have a better chance, than if you were fooling around on the job.
I am not saying you were, but some people do.
BEWARE though, most NEW possible employers will ask if YOU EVER filed a CLAIM, and it is possible that they hire based on THAT information you give.
I never had any claim against any employer for an injury. But some people tell me the horror stories of trying to WIN a claim.
Back injuries are hard to win.
WoW… the posts here are totally WRONG. You file a claim for
benefits under your employers plan/WC. You are provided medical
treatment, wage replacement benefits while you recover, and
disability/impairment indemnity due to the % of PPD/WPI due to this
injury. Once your Dr determined your condition is stable you will
be declared MMI, and rated for disability/impairment. That rating
will be used to determine how much money you are due in indemnity
payments. IF there is a settlement to this claim, the indemnity due
will be reduced to “todays dollars” a significant reduction to the
full amount, and if there is need for future medical treatment, you
will receive compensation for that as well. You will NEVER receive
enough money for future medical to cover the possible need. Filing
the claim for WC benefits is the exclusive remedy for industrial
injury/illness. You cannot sue your employer or insurance company.
WC is no fault, you don’t have to prove you are injured, only prove
you are eligible for the benefits being requested. Nor does your
employer have to prove there is on negligence. Move on from this
thought process of a wind fall chucnk of cash…it’s not going to
happen. Nor is medical treatment in WC intended to return you to
pre injury, 100% condition. WC is entirely different than personal
injury. No money for pain and suffering, lost wages, or punitive
damages. Niki… it is illegal for “new employers” to ask
information about a prior WC claim… you are posting false
information.