What are the steps one needs to take to file for permanent disability and to sue for a work related injury?
My brother was injured at work yesterday when hot oil that was under pressure shot out of the machine he was using and lacerated his cornea and iris…right now he cannot see out of his left eye at all. they told him he should gain full use of his eye back but he will probably be color blind in his left eye permanently. He is currently in art school and color is obviously a neccesity in the feild. What does he need to do in order to sue the company that failed to fix the machine correctly and what does he need to do to get permanent disability?
You are asking the wrong people. Ask an ATTORNEY! now.
He needs to schedule an appointment with a personal injury attorney. Filing for permanent disability is a medical issue, but the attorney can help move that paperwork along as well. And it’s too early to tell about his eyes, believe me. My advice is that he not sign anything at his employers, or speak to anyone except an attorney about this matter. Call a few attorneys, tell them what happened, see if they want to take the case.
remember not all lawyers are equally in skill, need to find a good personal injury lawyer or a works comp lawyer
You will need a lawyer to sue the company,if you have a case.
As for disability,he will never qualify. Being color blind in one eye will not prevent him from working. Going to art school makes not difference.
Filing a claim for benefits under the employers plan for industrial
injury is generally the exclusive remedy. You cannot sue in civil
court, this is not that kind of ”personal injury” claim. Nor is
he going to get ”permenant disability” as you may have in mind.
Once treatment is complete, and recovery to the point of MMI/max
medical improvement, he will be rated for PPD/permenant partial
disability or impairment. The injury you describe is not permanant
total disability. A predetermined number of weeks indemnity for
each one % of the rating is generally how indemnity awards are
calculated. Ratings determine the amount of loss in ability to
compete in the open labor market. Age, type of work, wages and
other factors are taken into consideration in issuing a rating. The
type of job you would like to do in the future is not a
consideration here… Discuss your options with an attorney.