I have apending case, and it doesent seem like my lawyer is doing all that he can to help me! He says that I cant sue for pain and suffering. I want to know if thats true! I had surgery and the scars are hidious and Ive gained wieght at least 30 pds since the inccident and my job ened up laying me off!! What should I do?
2006-11-05 14:24:27 · 13 answers · asked by taffy 2 in Health ➔ General Health Care ➔ Injuries
Workers' compensation laws are created entirely by the legislature, so what benefits you are entitled to receive depend on the laws in your state. Workers' Comp is supposed to be a compromise that allows employers to have some limit on liability in exchange for worker protections in case of work injuries. For example, if there were no workers' comp laws, an employer could simply avoid liability for work injuries by going out of business and leave the worker holding the bag for medical bills and lost wages. In exchange for this protection for workers most states do not allow workers to sue the employer, other than for workers' comp benefits, except in very limited circumstances. (like intentional injuries or violations of certain safety requirements) The law usually does provides for some type of award of compensation for permanent impairment. In Ohio, it's called a permanent partial disability award. That gives you some award of compensation to account for permanent residuals of the allowed conditions in your claim. There are also additional awards if you lose the use of a bodypart, such as an arm, leg or finger. Unfortunately, there is no specific award for pain and suffering. Good luck and best wishes for a full recovery.
2006-11-09 08:46:20 · answer #1 · answered by wandrnsol 2 · 0⤊ 0⤋
My understanding of the workers compensation laws is that you cannot sue for pain and suffering unless the company was Grossly Negligent and this negligence caused your injury.
For instance if they had been fined/warned about the situation from OSHA before hand and then neglected to fix the offense.
But I believe that most courts have found that if a worker get injured performing their job duties and the company was not grossly negligent, the worker has to take some responsibility for his injury. So you don't get "pain and suffering".
If you don't feel your lawyer is doing an adequate job, go interview a couple other lawyers. They are a dime a dozen, I am sure you can find one to take your money.
2006-11-05 14:30:21 · answer #2 · answered by Gem 7 · 1⤊ 0⤋
If you were injured on the job, through no fault of your own I don't see why you couldn't. If you were negligent in anyway and caused the accident then I think your attorney may be correct. Also depending on which state you live in I don't know that your employer can lay you off if you have a job related injury. I would get a second opinion from another attorney, before just giving up.
Good luck to you, I hope all works out for the best.
2006-11-05 14:30:32 · answer #3 · answered by ginwill1 2 · 0⤊ 0⤋
I don't know if you live in US or in Canada. I know up here we can certainly sue for pain and suffering. Pretty sure US would have similar laws and whatnot. It sounds to me like maybe you need a new lawyer. And your job laying you off as well due to an injury. I would phone some other lawyers in your area and see what they tell you about it. Sorry can't help more. Good luck.
2006-11-05 14:27:47 · answer #4 · answered by SexyLady 2 · 1⤊ 0⤋
I'm so sorry to hear about your accident, and the whole situation sounds pretty terrible. If you are in a union, contact them and they should provide you with representation pro bono. If not, look in your local phone book for a lawyer who specialises in workplace injury. If you are in a small twon, you may have to look elsewhere in your state. If you check out www.legalinjury.com these guys provide information and direction to contacting the right type of lawyer you need, right accross the United States. I hope that helps. Best of luck
2006-11-05 14:29:59 · answer #5 · answered by exaluva 3 · 1⤊ 0⤋
Are you going to sue your self for negligence? with the aid of fact particularly, who's fault is it which you get carry of burned? Oil does not in basic terms bounce out of the fryer. unquestionably, even in paintings comp claims, which you in all probability particularly did no longer get with the aid of fact it does not sound such as you went to the wellness care professional and the administrative in basic terms gave you 5 days off (unpaid days are particularly beneficiant are not they). with the aid of fact you do no longer say which you have the different themes as properly the burns and that i will in basic terms assume they are therapeutic many times; going to the wellness care professional is in all probability pointless now. in spite of the incontrovertible fact that, in case you're suffering any secondary infections, scientific oversight could be needed. in case you rather think of suing is your maximum suitable path of action, call an lawyer.
2016-10-03 08:00:26 · answer #6 · answered by ? 4 · 0⤊ 0⤋
It depends where you live. Find another lawyer. You have a case. Especially if it happened at work.
I think I understand your pain.
2006-11-06 01:25:44 · answer #7 · answered by ? 7 · 0⤊ 0⤋
More than likely, I don't know what state you are from, but in my state, all you can sue for is the actual impairment that the injury caused. He is right.
2006-11-05 15:39:08 · answer #8 · answered by rosey 7 · 0⤊ 0⤋
Talk to another lawyer, and get a second opinion -- just as you would with a doctor.
2006-11-05 14:29:00 · answer #9 · answered by Anonymous · 2⤊ 0⤋
I think it depends on the state that your from, I know in Florida you can't, my friend had a horrible accident and all he could do is work mans comp
2006-11-05 14:28:26 · answer #10 · answered by Anonymous · 0⤊ 0⤋