Work Injury Lawsuit from last year?
Hello,
My mother fell and broke her fibia and tibula bones and had to have a steel metal rod surgically put into her leg. She fell on the ice at work working as a carhop at a sonic drive-in. It has been almost a year since the accident as has had workers compensation through Sonic’s insurance carrier. She will be released from the Doctor in December most likely. She has arthritis from the accident and is currently taking Lyrica for the pain. Does she have a good chance at getting an offer for settling out of court? What exactly can her lawyer sue for? An estimate on how much you think the offer will be? I would appreciate any answers. I live in Oklahoma..
Thanks,
Eric Keller
She is not sueing for workers compensation, she is sueing for pain and suffering.
She had a lawyer from the beginning. He said they will not make an offer for that until she is released from her doctor. He would not take the case if it wasn’t worth anything to him.. He just hasn’t explained much about what all types of lawsuits he is sueing for… pain and suffering, maybe the arthritis, the steel rod in her leg, for taking a controlled substance drug for more than 2 months?
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she cant sue
when you agree to take workmans comp you waive the right to sie
Workman’s compensation prohibits an employee from suing an employer for a workplace accident.
The workmen’s comp board will determine the amount of compensation, based upon a predetermined table.
Sorry, but your Mother will not be getting a windfall payment, merely wage compensation at the discretion of the board. Had your Mother been a customer, it’s a whole different story.
I doubt it…Since you’ve recieved worker’s comp, you can’t sue your employer. That’s the deal that is struck with the state, typically. If you have worker’s comp you can’t sue your employer and if there is no worker’s comp, you can sue your employer.
Now if Sonic’s hired somebody to clear the ice, you can sue them, but not Sonic’s or the franchise owner.
all three answers are half right, you can’t sue Sonic but you can sue their Workman’s comp carrier, however because it is Workman’s comp you can’t sue for pain and suffering , only if a disability is involved or loss of body part
feanor, you cannot sue the person/company that cleared the ice.
Filing a claim for benefits under the employers plan for industrial
injury/illness is the exclusive remedy in all states, except for
VERY rare situations. In fact, when you retain a attorney to handle
your claim, you are not actually “suing” the employer or carrier.
There are process in all states for the parties to resolve disputed
medical issues. In most, that would begin with a medical/legal
evaluation by an IME/AME/QME as the case may be. If the Dr opinion
after exam is not sufficient to satisfy either party, you file for
a hearing with the comp court and a judge will decide the issue.
Attys handle these issues/hearings because they are impartial
parties to the action, and as such, are in a better position to get
the judge to rule in the IW favor, as well as the knowledge to
argue the point for the IW. WC is administrative law, the rules and
statutes are there to spell out the benefits that must be provided,
and the indemnity due in the event of permenant impairment as a
rusult of your injury/illness. IW’s should be fully capable of
handling their own claims. BUT, as would be the case with anything
“legal”, whether administrative or civil/tort, attorneys are
usually necessary in the end. Few IW’s have the knowledge of
administrative law to go face to face with an employer/carriers
attorney at hearing before a judge.