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 03:58:36 · 11 answers · asked by stewilliamsx2 1 in Health ➔ General Health Care ➔ Injuries
Maybe. It depends on whether there was negligence involved, and who was negligent. I think if the driver screwed up, you might actually be sueing him, and I am not sure how productive that would be. I do know that many personal injury lawyers, even really good ones, offer free consultations and in fact usually just take a percentage of your settlement rather than billing you by the hour, so it won't cost you anything to get some professional advice. Check superlawyers for a good one, then call him or her and set up a meeting. Bring any contracts you signed, your workman's comp info, and any medical reports you have. If you have a copy of the official saftey procedures from your job, bring that too.
2006-10-17 04:15:44 · answer #1 · answered by Beneficentia 3 · 0⤊ 0⤋
Very possible. Find a lawyer who will take it on a contingency. S/he may be able to get you the other 1/3 of your wages (which they usually don't take a cut out of) and usually a decent settlement (which they'll take any fees and usually 1/3 off the top.) Hope you're feeling better! Good luck!
2006-10-17 15:59:38 · answer #2 · answered by Gabby_Gabby_Purrsalot 7 · 0⤊ 0⤋
Yeah, you are eligible for a settlement, but if you do that you will not get any workman's comp and you definitely won't be able to go back to work there.
2006-10-17 11:06:53 · answer #3 · answered by Jon C 6 · 0⤊ 0⤋
See an Attorney the sooner the better. Workmans comp has changed in the last few years.
http://www.workerscompensationinsurance.com/
http://www.law.cornell.edu/wex/index.php/Workers_compensation
2006-10-17 11:14:11 · answer #4 · answered by Pam 5 · 0⤊ 0⤋
talk to a lawyer. If you sue you could get a large sum of $$$ for your injury. They may pay you off to keep from suing. It depends on how big the co is. and it depends on your contract. But I hope you get feeling better soon
2006-10-17 11:06:35 · answer #5 · answered by Anonymous · 0⤊ 0⤋
My friend, you need a lawyer to help you with this. Choose one who will do it for free and take part of the settlement. Get a good lawyer who you can trust.
2006-10-17 16:44:17 · answer #6 · answered by Dovie 5 · 0⤊ 0⤋
OUCH!!.. better off asking this in the legal section. I would imagine so, lawyers love this sort of stuff. But it really depends on all the factors in the case.
2006-10-17 17:30:34 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If you can prove your employer (or driver) was negligent you would be able to sue for compensation. The question that comes to mind to me is "why were you not wearing protective boots in a dangerous enviromrent? "
2006-10-17 11:06:04 · answer #8 · answered by huggz 7 · 0⤊ 0⤋
were you supposed to be riding on the forks ??the company probley will fight a law suit if it was breaking a safety issue good luck
2006-10-17 11:10:40 · answer #9 · answered by squawwitoutamule 3 · 0⤊ 0⤋
yeppers, unless you have signed something stating otherwise...go see an attorney
2006-10-17 11:07:51 · answer #10 · answered by Pale 3 · 0⤊ 0⤋