I was helping someone dump a load on a fork lift and was on the forks. Driver went a little crazy and I scrambled for somewhere to hold on and ended up with foot caught in hydraulics and it severd toe and bone and pretty much pulled it off. Dr. hospitalized me and surgery was needed and pins are holdig it together and am off work for about 3 months now. Aside from workmans comp, am I elligable for a settlement? workmans comp is only sugesting 2/3rd`s of average pay which won`t be much. Can I get a lump sum of money for this?
2006-10-17 03:55:02 · 7 answers · asked by stewilliamsx2 1 in Politics & Government ➔ Law & Ethics
You may be able to appeal the workman's compensation determination through an adminstrative appeal if the time to do so hasn't elapsed. In addition, you might want to see an attorney because you may be able to sue the manufacturer of the machinery for some sort of products liability claim. This would be in addition to your workman's compensation payment. You can find an attorney that will take your case on a contingency basis - odds are that if you cannot find an attorney willing to do so, you probably have little chance or success. If you have a good case, an attorney will be willing to help you.
2006-10-17 07:25:59 · answer #1 · answered by Tara P 5 · 0⤊ 0⤋
While it wouldn't hurt to ask a lawyer, prepare to explain why you were standing on the forks. That is a big no no. The forklift operator shouldnt have let you do it, but that doesnt absolve you of your responsibility (i also stood on the forks of a lift and was lifted about 20 feet in the air to inventory something once. And i got my **** chewed off about it)
2006-10-17 11:10:50 · answer #2 · answered by shinobisoulxxx 2 · 0⤊ 0⤋
You were on the forks???
Good luck with that...a little bit of thinking goes a long way.
If you are found at fault by your own actions...workmans comp may even dispute the claim.
2006-10-17 11:09:16 · answer #3 · answered by Dave 3 · 0⤊ 0⤋
It wouldn't hurt to try. As long as you will not go back to work there. Remember if it was your fault such as you weren't supposed to be on the fork lift, you probably can't. But if you were doing your job correctly, I would try. But don't wait too long statute of limitations is 2 years
2006-10-17 11:08:08 · answer #4 · answered by Amy 4 · 0⤊ 0⤋
Might as well try, find a lawyer that only excepts payment if you win, that way your not forking out the little bit of money you do have.
2006-10-17 11:03:34 · answer #5 · answered by krissy 5 · 0⤊ 0⤋
U can alwys sure him/the company for unsafe working conditions
2006-10-17 11:05:09 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I'm sure you can, hire a lawyer.
2006-10-17 11:03:38 · answer #7 · answered by littleblondemohawk 6 · 0⤊ 0⤋