I was recently hurt at work, I dislocated my sholder, the company Dr. says my sholder will never be the same it has a1/4 inch gap in it. my question is may I sue for this and keep my job?Does this follow me in a future job when they do a backround check? and to say why dont you have surgery? the pain is great yes but I cant afford to be off work with only compo as income
2007-02-14 18:22:32 · 8 answers · asked by Dee 1 in Health ➔ General Health Care ➔ Injuries
Were you hurt at work due to your own negligence or that of someone else? That is the basis for any suit. If the injury is cause by something the company did, or should not have done, then yes, you have a law suit there. If it was just a freak accident or clumsiness...then no. I would say ask and attorney, but be careful...they are a slimy lot. This can effect your future employment, especially of you bring about a frivolous law suit.
2007-02-14 18:29:55 · answer #1 · answered by Anonymous · 6⤊ 1⤋
You should be covered by your companies Workman's Compensation Insurance Co. That is what they pay them for. You should be off work and still be able to get 2/3 of your regular pay. And any surgical, medical, prescriptions, therapy will be paid for by
the company' WC carrier. I am going through the same thing. I do have a lawyer, you need one to fight for everything these days. Yes they are no fee if you lose your case, but if you win they usually
get 10-12% of your settlement. You need to talk to your Human
Resources department and get all your paper work done now.
Do not let that slide, or they will say it never happened. The get your shoulder fixed, take time off to heal and go back to work.
Your lawyer does all the legal work for you. If it happened at work
then it falls under Workman's Compensation. Look under your state on the Internet and find out all about it.
Good Luck, and you will not have to sue, you reach a settlement that you feel is right for you. Don't plan on anything huge tho, never happens.
2007-02-14 20:10:12 · answer #2 · answered by Donna L 3 · 0⤊ 0⤋
I wouldn't worry about any future job prospects. You are entitled to make a claim for 'accidental injury'? You've seen all the adverts on T.V. you know the 'no win no fee' ones. No one should hold it against you if you sue your company, at the end of the day it is a health and safty issue that was not tested to prevent how you from dislocating your arm. If for some reason your employers fire you with no real reason then you can take them to the tribunal and more than likely win the case.
Good Luck
2007-02-14 18:30:34 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If you're going to sue, it had better be because something the company did or something in the company's policies (which were strictly adhered to) caused an unsafe circumstance and you got hurt. If it was a fluke, or something you or someone else was doing that resulted in your injury, you are wasting everyone's time by suing. You cannot be descriminated against (legally) for holding your previous employer accountable for their actions, especially if it was gross negligence on the behalf of the company that resulted in your injury. However, you failed to disclose ANY information about how you were hurt....you may not have a leg to stand on...who knows?
2007-02-14 22:07:40 · answer #4 · answered by Doc 4 · 0⤊ 0⤋
you should have "status" to sue someone. status calls for that you've a concrete harm brought about by potential of the defendant that a courtroom can redress. you are able to't sue on a third social gathering's behalf except you are able to practice a substantial relationship that without delay impacts you besides, mutually with a determine suing on behalf of their minor newborn. also, some businesses were in a position to sue on behalf of their individuals mutually with the ACLU. in spite of the undeniable fact that the in uncomplicated words element you may want to do is turn them in to the authorities and allow them do their very own study, or you may want to alert the households of the human beings you witnessed being abused. it really is a threat that they don't even understand of the abuse. Edit: If the degrading issues they did to "you" brought about such psychological misery that you've actual indications springing up from it (with a well being care specialist confirming it), now and again you are able to document a declare for intentional infliction of emotional misery (IIED). yet those are truly troublesome to win and maximum courts look down upon that declare as a bogus tort.
2016-10-17 07:14:04 · answer #5 · answered by irish 4 · 0⤊ 0⤋
Have the company issued with a warning about your accident.
stated heath and safety act 7 at you.???????
No then go for it, But get a another doctors report to back your claim, If they try to get rid of you sue again for lost earning; you .if you are still there you should be OK.
Get your sholder fixed and the company to pay and full sick pay when you are off.
you have 3 years to make a claim not in a union?? go to c.a.b
2007-02-20 11:03:44 · answer #6 · answered by JONNY 2 · 0⤊ 0⤋
hi there, i am just in the process of claiming against my previous workplace. i was taken on by a no win no fee company so i wont lose a penny!!! Go for it. Workplaces get away with far too much these days and what do they pay their insurance for... for people like us to make a claim when someone silly has not wiped floor dry, not put a ladder away etc... do it, you can stay working for the company even if a claim is going through, it is illegal for them to treat you any differently as an employee!!! Good luck chick x x
2007-02-14 19:39:56 · answer #7 · answered by Conkys Mummy 2 · 0⤊ 1⤋
You need to speak to a solicitor about your accident, they would give you the best advice.
Or maybe you have a union rep who could advise you as well.
2007-02-14 18:26:44 · answer #8 · answered by richard_beckham2001 7 · 0⤊ 0⤋