how do i get compensation for job injury losses w/o litigation cant prove co was negligent nor was I.?

Question

Fell and lost the sense of smell and tase, but would be really hard pressed to prove company was negligent. Losses are not covered by insurance policy as is loss of eyesight, limbs etc.

Answer 1

Well, if they carried workers comp, you can't. See, that's the legal tradeoff - in exchange for carrying workers comp, they have immunity from lawsuits from employees.

Bizarre consequence, really - I've never heard of it! Sorry.

Sometimes, in life, bad stuff happens. Just because bad stuff happens, and you have to live with it, doesn't mean you get a pile of money.

Answer 2

Because work comp is no fault and you are presumed to be covered by your companies policy unless you specifically reject your coverage you cannot sue your employer for negligence. You cannot reject coverage after you are injured. However, your claim of loss of smell and taste would be highly suspect that it had anything to do with a fall. If you want benefits, and your insurance carrier denied your claim, then you will need to get an attorney and request a hearing, however any attorney who reviews your claim is under no obligation to represent you. You will need some pretty good medical backup to justify your claim of loss of smell and taste.

Answer 3

You fell and now you can not smell or taste.

To say you're going to have a hard time proving that one is an understatement.