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.
You are chasing the wrong prey. Workers comp I guess is handling all the payments, go after them. Your employer is protected from you through BWC unless they purposely intended you harm.
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
then your lawyer is probably right.
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.
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.
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
It depends where you live. Find another lawyer. You have a case. Especially if it happened at work. I think I understand your pain.
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.
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 quot;pain and sufferingquot;. 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.
Talk to another lawyer, and get a second opinion -- just as you would with a doctor.
it depends on what your work is. other wise you cant!!
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