I was wondering because this happened to a friends mom of mine and she was discouraged from taking action. She suffered major back problems for 10 years after the accident before she started to feel better - although she's not fully recovered by any means - and it really affected her life. She reported the incident right after it happened. Do you think she could sue? Oh. This is not about the money, this is just a question.
2006-11-14 19:19:18 · 6 answers · asked by HippyChick 1 in Politics & Government ➔ Law & Ethics
It's workers compensation and employers resent it because their premiums rise.
Unfortunately there is probably a statute of limitations problem. The limitations period for fraud -- which this may be, since she reported it -- is usually six years. It would be hard to argue that the limitation was tolled by her being lulled (technical terms) for 10 years.
That's why labor unions are so important. She would never have been allowed not to seek medical care. And if she did seek such care, there may be a malpractice case -- and its limitations period would be different (but doubtless also past -- still, worth checking).
My back was hurt when a wooden chair collapsed under me in a Holiday Inn last year. Their insurance company is about to reimburse me for nearly $10,000 in medical expenses and I'm seeking reimbursement for three months in bed and pain for the rest of my life. I would have laughed (if the pain would have let me) at anyone telling me not to pursue it. (I have medical insurance, but that has deductibles and co-pay.)
P.S. My daughter went to the hotel and photographed the chair a week later. They'd actually glued the clean break of the wooden leg where it meets the seat! It would be a good punitive damages case if I could get it in a USA court. Stupid hotel. Cheap chair. Here's the photo: http://tinyurl.com/y5wp36 (It isn't obvious in the picture but the leg broke clean off and they just glued the jagged parts together with white wood glue.)
2006-11-14 19:23:10 · answer #1 · answered by Anonymous · 5⤊ 0⤋
If I got hurt at work, and it was not my fault, I would probably sue if the company didn't pay for my medical expenses. Your friend should decide this on her own, however, if she has the evidence, and documentation, she would probably win the lawsuit, so long as the company did not provide reasonable accommodation and medical expenses, and so long as it was not her fault due to negligence.
EDIT: Yes I misread, after 10 years the statute of limitations has probably come and past, so there is most likely not much she can do. The best advice would be to have her contact a lawyer, possibly one that can provide a free consultation via phone or in person to find out for sure.
2006-11-15 03:23:44 · answer #2 · answered by astro 1 · 1⤊ 0⤋
The accident is work-related and there must be compensation that should be given to the employee as provided for in the Labor Law. The crate that fell on the employee was the cause of the disability.
2006-11-15 03:45:12 · answer #3 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
Not 10 years after it happened,statue of limitations is up.
2006-11-15 03:22:09 · answer #4 · answered by halfbright 5 · 0⤊ 0⤋
It would probably fall under worker's comp.
2006-11-15 03:25:39 · answer #5 · answered by kitty fresh & hissin' crew 6 · 0⤊ 0⤋
sure it is worth a try
2006-11-15 03:55:51 · answer #6 · answered by Star 4 · 0⤊ 0⤋