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RONNIE G | Will i get a settlement if i broke my foot at work. i am getting workmans comp checks right now.? |
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dimples_in_nj
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Workers compensation is as easy as preparing scrambled eggs. The system is totally in your favor. |
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mbrcatz
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There's no "pain and suffering" for workers comp.
If you're talking settlement, that means, closing the claim out before you're all the way healed. So, you'll "guess" at what the rest of your lost wages and medical bills are, the insurance company will pay you, and, if you're wrong, too bad - you can't go after them for more money.
I seriously doubt anyone is going to settle a broken foot. It will be HEALED in a few months. |
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rfrey0907
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The very simple answer to your question is no. Workers comp is meant to help employees when they are hurt on the job. It is not designed to get a bunch of money for something that is possibly your fault. If you broke your foot at home, would you go after yourself for the money? You will continue to be paid for medical, and hopefully your company has a return to work program so they can give you other duties while your foot is healing. Depending on the type of disability program your company has, only getting .667 of your normal wages doesn't sound like a lot of fun to me, but if you don't mind it, milk the system for all it's worth. |
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njyogibear
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most likely you won't be able to recover anything from your employer. but if there is some other party whose negligence contributed to your injury, u might have a claim against them. for example, there might be a claim if u are a construction worker, and there were other contractors on the jobsite who caused yr injury, or if you work in a factory and your injury was due to defective machinery, u could sue the maker of that machine. |
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donfletcheryh
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Workmans comp is in lieu of the sue for damages and get a settlement procedure. Is it possible still to sue on all cases?
No, if the damage is extreme and itws cause an act of tort on the part of your employer, you might still sue.
But from what little you mention I do not see grounds for a suit. |
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A decent answer
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Technically what your really inquiring is a permanent partial disability or impairment award (PPD or PPI).
These awards are generally for those who have injuries at work and the person lost a certain % of function to that particular body. Most cases involve surgery. If you had surgery for your foot your more likely to get a PPD award, however if you didn't get surgery you probably will not get a award. However some people do get them though so it depends on each case and circumstances.
So in a nut shell, when you heal up and your running around w/o any problems, you probably won't get any award.
If your looking for a settlement you'll want to wait till your completely back at work, however what kind of settlement are you looking for? If you go back to work your probably not voc rehab eligible. Can't sue for lost wages because your being covered. Let the claim work itself out before you talk settlement. |
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src50
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You should receive medical care and temporary disability if you lost work time due to the injury. The goal of WC is to get you back to work, not to be a gravy train for undeserved "settlements." |
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Bob S
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If it was the fault of your employer that you broke your foot, for example they had something dangerous in the work environment which caused your injury. If it your employer did something wrong or there was something dangerous which caused your injury i believe you can get a settlement. but if you just were doing your job and hurt yourself by accident i dont think u can get a settlement. for example, i know a guy who works as a construction man. he was working on a building at night and some guy ran up to him, stabbed him in the leg, and took his money. he got a 1.2 million dollar settlement because the building he was working on was supposed to have a security system, but didnt. thus it was the fault of the people who owned the building, because they did not have the right security which was supposed to be there. |
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