I had an at work slip and fall accident. Should I sue?

by admin on May 25, 2010

I fell at my workplace and dislocated my knee cap. I ended up having to miss 5 months of work during the busiest (I work on commission)time of year. I also had to have surgery and do 3 months of physical therapy. I now have a 7 inch scar running down the center of my leg. The knee is still very weak and I can no longer run. I’m only 29 years old and the doctor said that this may even be a temporary fix. The Surgery was an "Open medial reefing and a Latereal release". I don’t want to be one of those people who run around suing people. I have missed out on a lot of money by missing work and no may have major issues with my knee for the rest of my life. What would be your advice and is anyone familiar with the type of compensation I would recieve? Thank you.

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{ 9 comments… read them below or add one }

desert_kats May 25, 2010 at 8:15 pm

I handled insurance claims for over 15 years, Workman’s comp should of covered your medical bills and lost wages. There is compensation for lost of use of limb and future medical bills from accident are covered. Instead of suing and paying 40% of what you win to an attorney research the work comp laws in your state and talk to the adjuster. If that don’t work request a hearing with the state board. The board is tough on companies not paying legit claims.

green star May 25, 2010 at 8:15 pm

It depends. Was it the fault of your employer? If it was, you should be compensated.

Mr. Justis May 25, 2010 at 8:15 pm

I would suggest getting in contact with an attorney. I am sure that you can find one that will give you a free consolation for a case like that. However, your employer would most likely settle in a situation like that.

EJtheRed May 25, 2010 at 8:15 pm

Contact corporate and strike a deal. If you can get them to agree to pay for at least the medical side of things, that will be good. But I wouldn’t start suing because it’s probably like a drug, once you do it, you’ll want to get more money from it.

So try to score a deal with corporate, this is why they have insurance (or should). And threaten to sue if they don’t cooperate.

Lily1982 May 25, 2010 at 8:15 pm

In Australia it is called "Worker’s Compensation"…

longliveabcdefg May 25, 2010 at 8:15 pm

If you’re injured at your workplace, and while you’re working for your employer, your employer should cover your medical expenses, either through workman compensation, or through his accidental insurance, depending on which state. In short, your employer has to be responsible, and you should have filed a claim right after your injury. You should go back to your employer and ask to file a claim. If he does not have any coverage for his employees, then you sue.

tree May 25, 2010 at 8:15 pm

Well if your ruined for the rest of your life you might ask for compensation. I would find out how long you have to do this. There is a statue of limitations on everything. This injury will limit your abilities on jobs. I know the older you get the worse it will be. I injured my back and neck , I have to take medication just to stay out of pain. I was around 22 when I injured my neck. I’m not sure when I injured my back , but I’ve had surgery on my back and need surgery on my neck. I’m 42. It don’t get better.

JSalakar May 25, 2010 at 8:15 pm

When you have an accident at work it falls under workman’s compensation, so your employer should have been paying you the entire time you were unable to work. I don’t know what percentage they pay now, but back in 1980 when I got hurt on the job my employer had to pay 66% of my hourly wage. I don’t know how they work it out if you work on commission. Plus, they should also be paying your medical bills. I did not have to pay a single penny for my medical bills and I was in the hospital for 3 months, I had 3 surgeries, and 8 or 9 specialist.

You should consult a workman’s compensation lawyer and he/she will tell you whether it’s worth persuing or not. You should not have to pay anything up front, because they get paid from their percentage of any award you might get if you do sue. If I remember correctly my attorney got 33% plus expenses.

whiteknight38879 May 25, 2010 at 8:15 pm

noone is going to look out for you but you. this injury could follow you for the rest of your life. SUE

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