Workers comp claim? Okay if someone has a workers compensation claim and then they denied it after at first paying it, Is it possible to go after the company for pain and suffering if you could prove that it was the fault of the company.Once workers comp has been removed out of the equation, then it is no longer a matter of going after workers comp for compensation correct? So could the company still be held liable for damages?
2006-06-12 16:25:11 · 6 answers · asked by 2fine4u 6 in Politics & Government ➔ Law & Ethics
I'm not sure I follow the question? But you will have a very hard time suing for pain and suffering only, and not including any damages such as medical bills, and that sounds like what you are trying to do. You may be able to sue for negligence but only if the company was negligent. And if the insurance company did pay the claim, regardless of if they denied it at some point (unless they actually took the money back), you would no longer be able to sue the employer for pain and suffering that were a result of the injury you have already been compensated for.
2006-06-12 16:33:25 · answer #1 · answered by dcgirl 7 · 1⤊ 0⤋
Hearing what little information you've provided, yes, the company is still liable for damages. This liability has time limitations that you need to monitor carefully to preserve your claim.
Carefully assess exactly what it is that you can think you can prove, and where you believe the fault lies. Also, read all the personnel material you were given from the human resources department. Recall all of the documents that you signed when you were hired.
Next, find a competent 'Workers Comp' attorney. Some will readily accept a case where discovery can quickly lay blame.
Many times this will be done on a contingency basis where you will require no retainer. Good Luck!
2006-06-12 16:42:54 · answer #2 · answered by M.C. 4 · 0⤊ 0⤋
Workers compensation is "no fault" if you collect it and also believe the company was negligent then you can sue also. Have to give the workers comp money back though if you recover anything in negligence.
2006-06-12 17:55:21 · answer #3 · answered by frankie59 4 · 0⤊ 0⤋
if it was originally paid to you I think you could still claim the comp
2006-06-12 16:30:33 · answer #4 · answered by ? 7 · 0⤊ 0⤋
that depends on how much $$$ you are willing to pay a lawyer
2006-06-12 16:27:49 · answer #5 · answered by Anonymous · 0⤊ 0⤋
given the facts, you can very well, provided u proove it........ but, it would be advisible to contact ur attorney and proceed...
2006-06-12 16:31:11 · answer #6 · answered by leo 3 · 0⤊ 0⤋