 My daughter is being sued from an auto accident, she has insurance and no assets. They want 500K? |
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We live in MD, she is 27 and lives on her own. She hydroplaned, he hit her and now the couple are suing and the wife separately etc. He did have one broken rib but ... |
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stewilliamsx2 | I was injurd at work (toe was tore off)? |
I was helping someone dump a load on a fork lift and was on the forks. Driver went a little crazy and I scrambled for somewhere to hold on and ended up with foot caught in hydraulics and it severd toe and bone and pretty much pulled it off. Dr. hospitalized me and surgery was needed and pins are holdig it together and am off work for about 3 months now. Aside from workmans comp, am I elligable for a settlement? workmans comp is only sugesting 2/3rd`s of average pay which won`t be much. Can I get a lump sum of money for this? |
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mbrcatz
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No, if you're collecting workers comp, you do NOT get a "pain and suffering" settlement - instead you get lost wages, and medical payments.
You can sue the person you THINK is at fault for the injury, individually - which might be the driver, but I think YOU are mostly at fault, and I wouldn't expect you to win that case. |
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PEIFF
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well i dont know about the money issue. All I know is I injured myself on the job in 2004 and now they are claiming that my employer didnt file it correctly and now comp is refusing to pay. Over two years later and now they are going after my company...what a pain in the ***. Good Luck. |
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nurse ratchet
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At the end of the treatment your doctor requires, the company will offer a settlement to you, but you will have to sign a form that waives them of any future responsibility for any medical care of that foot caused by the accident. However, your health insurance should pick up and medical needs from that point on unless you are subject to pre-existing conditions. |
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Joey H
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ste,
I'm sorry to hear about your injury--ouch! I wish you a speedy recovery.
Yes. Once you are declared Permanent and Stationary (P&S) your doctor will give you a Permanent Disability (PD) rating (it will be a %). This PD rating will equate to a monetary amount. The amount is usually dependent on your age, your prevailing salary, remaining work life, and possibly prior injuries to this body part. However, this could be months/years down the road--it will depend on your recovery. As far as more money now--unless you were making over $1K/week, the work comp money should be close (85%-90%) to what you were making pre-injury. Usually, workers' comp systems are what are referred to as exclusive remedies. This means that in exchange for the employer providing Work Comp for their employees, the employees cannot sue for work-related injuries. To make up the difference, many people have begun purchasing supplemental disability insurance for situations like this. |
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mkulda
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This will totally and completely depend on what state this happened in.
Each state has a different set of worker's compensation laws that dictate whether or not you'll get a lump sum or not.
Some states like mine have a special pool for situations like yours. Your ongoing disability payments are based on how disabled your a judged to be.
Since this could be a sizable amount of money (don't get your hopes up.....we're talking tens of thousands of dollars....not necessarily millions), you should expect to be examined by a number of doctors representing the various interests.
Some state's have an exclusive remedy provision which means if you get work comp, you get nothing else.
Some have laws that say you can sue if there was employer negligence. Since this seems to have been caused by the driver....it might be a bit of a stretch to get the company to be found culpable, except that they should have trained the driver not to drive recklessly and in that case, you may be in luck.
This is a very hard reminder of the need for both short and long term disability insurance policies separate from what you are eligible for under worker's comp.
A policy could pay you additional amounts not covered by work comp and that could have help filled in the gap.
Because of exclusionary periods, limits and thresholds, work comp is not generally a good way to make a living so people should be aware that it is a good idea to carry some sort of supplemental disability insurance, which when you consider what you have to lose....is very, very cheap. |
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Rexy
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I do believe you have a case to collect more money against the company as it seems your co-worker was negligent and not doing his "normal duties" which caused your injury. Although this would involve a personal injury lawsuit which you could actually file against both your employer and the employee who was negligent. It's your option to pursue this as it would be a civil suit and a personal injury lawyer takes about 40% of your settlement right off the bat. You'd also probably want to leave the job if you're suing them as you'd become the black sheep pretty quickly. However, the statute of limitations is 2-3 years in most states, but you certainly have the option to take your employer and/or your co-worker who was negligent to court to sue for both compensatory and punitive damages, including your pain and suffering. Almost 90% of lawsuits get settled before they go to court, so more than likely your employer would offer you a settlement when working with a lawyer. If you don't mind leaving your company, I think you should go after your company for a settlement. Good luck. |
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Loollea
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don't get too greedy, although i realize that you have suffered
great pain your employer is paying for hospitalization and work comp, if you push it you will probably see that they will call this
"horseplay" and you will not get any other money something similiar happened at my husbands work |
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drobrules
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Depending on what State you are in (WC laws are different for each State), you could be in line for a lump sum payment based on the amount of permanent disability your treating physician places on you for your injury.
Also, you can look into a product liability claim against the forklift manufacturer, but I don't think you would be successful, since you were standing on the forks while it was being driven.
Good luck and speedy recovery! |
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domers13
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Best to ask this question of one of the "ambulance chasing" attorneys in your area...you can tell who they are, they will have adds running that say something like "Injured at work, call us". Most times the consultation is free and they base payment as a percentage of whatever you are awarded. If you can prove negligence by the driver, unsafe working conditions, previous accidents on the jobsite, etc, you probably have a great chance of getting a settlement. Good luck. |
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cshell442003
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If the fault was theirs like what you say or another employees negligence and this can be proved I would have to say YES! |
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skydiver
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sue |
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