My husband fell at work and is collecting workers-comp. Should he continue collecting or should he sue?
345102
I think it would depend on the reason your husband fell.  Was the company negligent in safety proceedures and that caused the fall, or did he merely trip over an untied shoelace, pebble, or other thing that was out of the control of the company?  \n\nAnother consideration:  if the company is large enough to have a slew of lawyers your suit could be tied up in litigation for years costing you substantially in legal fees.  \n\nIf your husband applies for a job elsewhere down the road and they do a background check, not only will the workers comp show up, so will the lawsuit.  It would raise a lot of red flags to potential future employers.\n\nI would think long and hard before I brought any legal action, especially if the company is taking care of its responsibilities now.
1128488
No you shouldn't...You should only sue if there is a monetary loss in my opinion.  Too many people are quick to sue because they see it as easy money.  I'm glad to know that your son wasn't hurt!
701218
yes, you should sue Walmart. Be sure to go to the Police and file a report about what happened. You will want to go back to the store and find out the names of the manager and any other employees that you met. You'll probably want to take pictures of the shelves and stereos and stuff that fell over. Be sure to give your name and address to the store manager so he will recognize it when the lawsuit gets started. That should teach them to mess with you. Also be sure to give the Walmart employees lots of attitude and make threats to any that don't seem intimidated. You may want to videtoape your visit and turn the tape into the police.
1024779
yes....call another personal injury attorney, and if you have a case, he'll take care of it....trust me.
175181
Yes, if you were injured and unable to work and not compensated by your employer.\n\nAlso, if you weren't employed but hired someone to do your household chores you could claim that cost.
512741
Hmm, what type of guidelines? Basically when dealing with workers comp, keep all your records and never assume that they are doing something unless you check up on it. Basically, cover yourself. Oh, and good luck!
258036
If a doctor has released you to go back to your job, but there is no work, that means you are laid-off, or unemployed, so you should be able to collect unemployment.  You should have gotten a works man's comp for the time you missed while injured!  If you suspect that they are not letting you back for a reason, then maybe you should see a lawyer!
318610
Sue. Get a lawyer, see what he thinks. Negotiate with your employers for an out of court settlement, perhaps.\n\nDon't forget, you could have long term back problems from this.
196452
Speak to an attorney.  But if you agreed to a settlement, you have no rights anymore under worker's compensation.  You can only submit claims under worker's compensation if you sustained a new injury.
847226
Sounds awful, mate. You do have a chance with this but, as ever, the devil's in the detail.\n\nWitnesses to poor working practices would help but aren't essential. Your employer was required by law to publish and comply with a Health and Safety Policy Statement, setting out company policy to ensure safe systems of work. If they were as slipshod with the paperwork as they obviously were on the job then that improves your chances dramatically. Essentially they would then have difficulty in demonstrating - as they will probably try to pretend - that they were a conscientious employer who took all reasonable steps to discharge their duty of care towards you. A court would instead infer a cavalier or inadequate regard to health and safety. \n\nAlso what, if any, health and safety element was included in your induction training for the job ? If little or none that could again easily lead to the inference that they have failed in duty of care.\n\nEven if the employer can tick both of these boxes, you aren't lost. Your medical evidence should not only support the injuries you've suffered but establish a timeline for the development of your condition. Taken together with the statement you've prepared the inference will clearly be that your condition is attributable to the workplace. Causation is obviously very important here and they may try to suggest that your condition is due to other factors. Alternative causation is an old favourite and can range from the obvious - any birth defects, ever in a road accident - to the bizarre. Once had a case like this where wheelchair using client was asked ' I understand you're a keen parachutist ' - the brief was reading the wrong file ! Your evidence together with the medical timeline consistent with workplace causation should be enough to defeat anything like this.\n\nSo, yes, this can be done without direct witnesses from the job. As the others have said these things tend to be a real grind and are rarely resolved quickly. Still, don't be completely disheartened, they might realise they're on a loser and offer a settlement, rather than take the hit on legal costs. Unfortunately it is more common for employers to play these things long in the hope that you do become disheartened and withdraw. \n\nFor what it's worth you do seem to have a reasonable case and it would be a shame to give up on it, especially since you've already shown a lot of perseverance to get this far. Bad employers like this should be brought to book and you deserve some acknowledgement of what you've been put through with this. All the very best with the case.
784542
It was an accident.  File it under insurance.
916995
My husband just fractured his ankle bones. It happened at work.
329669
Was a report made when you fell? If not when you go back to work make sure they are aware of what happened and that they file a report with home office. Then go to see an attorney and explain the situation to him.Bring your doctors statements or copies if you don't have them don't worry he will get them. He will be glad to take your case for a percentage if he feels you have one. Be sure you find an attorney who specializes in labor laws. Be sure to take the two days off that your doctor advised you to do.I believe they may only be able to deduct it off just this time only for the same incident, depending on the laws in your state. But don't make the mistake of letting them screw you over and don't worry about your new job they will have to compensate if they do you wrong. Follow the advice of your attorney. Find one who will offer a free consultation with you.
972327
if you got injured during work-time at your workplace, or any place doing your job for your employer, (in Ontario, Canada), you should inform your employer.  If its very minor like a paper-cut or scratch or something, you can use the first-aid kit for disinfectant and bandage, but if its anything that you see a medical professional (Dr, etc) about, then your employer is required by law, to report Worker's Compensation.  You will be paid for time off for emergency or for a Doctor, if its required, and your employer will be required to modify your job or your facilities(like providing special chair or whatever) while you heal,  If you 're  unable to do your job, your employer is required to provide alternative work, IF they can.  IF they cannot, then Worker's Comp. Insurance will pay until you get some job you can do somewhere else.  There is a time limit for your employer to report it, I think 2 or 3 days, depending on your Province or State.  If s/he doesn't report it, there can be hefty fines.  (employers trying to hide such things are considered virtual criminals).  In this case, your employer may still be safe, because you didn't tell him, s/he didn't know,  so workers comp will just frown.  \n\nThere could be negative consequences to the employer if they know about a "serious" injury and do not report it.\nThere are no negative consequences to reporting an injury.  Employers may not punish you for it.\n\nRule of thumb for the future, any injury or illness from your workplace "serious" enough ----  that is,  IF you go see a doctor or medical pro about it, then you have to tell your boss and they need to report it to Workers Compensation.
356982
not typically. If you were hurt on the job and reported the injury, then you will still be covered under workmans comp pending the comp injury is proven to be valid. Example: you slip and hurt your ankle at work. You report it to your manager, and go to the doctor. The doctor wants you in physical therapy for three weeks.  three days later you are fired for theft....you would still be covered under workmans comp for the duration of the injury. It is rare for someone to be terminated under workmans comp unless theft or some type of serious violation was at hand.
104489
Dont' wait until statute of limitations runs out...\nWhy is the reason a lawyer won't help? Were there witnesses? Was it reported to the store manager? Was it cought on store camera? Were there immediate pictures of the injury? Call any lawfirm in your area or get the yellow pages, or internet searches on personal injury lawyers.  Someone must be interested in handling the case.
819942
He can be sued if you got hurt, but you would have to prove that you notified him of the condition in order to really get anywhere with such a claim. And by get anywhere I mean punitive damages, not just the actual cost of your x-rays or whatever.  Letters sent both regular and certified are best for repair requests.\n\nIf it is such a danger and would only take a "few minutes" to fix, wouldn't the smart thing to do be to cover it yourself?