Had an injury at work, Should I get an attorney?

Question

Basically I fell off a delivery truck while going my job and fractured 3 verterbre in my lumbar, L2L3L4 but just the "wings" parts. I'm on comp, The DR says I'm gonna be fine and be able to return to work without any problems. I really dont trust him and have no experience with lawyers. I want to get as much compensation as possible. Its been a month and I am getting better but still on meds and still hurts.

Should I get a lawyer and how soon?

How much could I get If i did sue, I think I'm gonna have problems from this the rest of my life simply b/c I have had an injury in the past but just bruising and 8 years later it still bothers me but this is much worse.

thats why I want as much as possible so if I have problems in the future when I go back to work I can afford medical treatment.

Answer 1

Do you mean sue your employer for negligence. What did they do wrong? Did they push you off the truck. It sounds like you got hurt because you fell. Why should someone else pay for that?

Answer 2

Why don't you see how the WC system works before getting a shyster lawyer?  You realize, I hope, that if you sue your previous medical history will all be dredged up and they will use your past injury as a defense.

Answer 3

Do you understand that if you sue your employer, you will not go back to work for them, and other employers will hesitate to hire you because you sued them?

Answer 4

Obviously, this was not in New York State or you have not researched the issue to any extent.

Talk with a representative of your State's Compensation Board, or whatever it is called there.  If you have not done this yet, you have wasted a LOT of time.  This was an on-the-job injury and your employer's compensation carrier should be paying you for lost work time as well as paying all medical bills associated with the injury, now and in the future.  Medical care should be costing you exactly $0.00.

Document the injury and then document reporting the injury to the proper representative of your employer.  So far it sounds as though you have done nothing that needs to be done to prepare a case for anything.

It also sounds as if you are looking to turn this into a lifetime meal ticket, but the State board will take care of that part.

Answer 5

Why is everybody always in a hurry to sue?  If you distrust your doctor, seek a second opinion.  For your type of injury seek a sports medicine specilist.  They specialize in returning people to normal, working (and performing) order.  You can't generalize that this injury will continue to bother you in the same way the one years ago did.

If your employer is living up to their obligations to retain your job while you are out, appreciate that, particularly if the injury was an accident.  

You do also realize that emloyers usually react to lawsuits rather irrationally.  Pretty soon, your coworkers will likely be living under new safety guidelines that make their jobs intolerable.  To the extent that you can, please be an example of how to properly react in these situations.

Most importantly, I hope you get well.  Back injuries are no fun.  I've had them.  If you have a good doctor and good physical therapist, you'll end up OK.

Answer 6

What do you mean you do not trust your doctor!  I believe he went to medical school, and you did not.  If you want a second opinion, contact your Claims Adjuster, and see if they will approve a new consult with a different doctor.  

Also - you cannot sue your employer!  WC is considered exclusive remedy.  You may be able to sue them if you can prove "intentional tort".  Since you fell of a delivery truck, chances are you are responsible for your own injuries.  It is possible that your injuries resulted from some third party's negligence.  If that is the case, you can file a liability claim against the third party.  You may or may not recovery monetary damages.

You may be able to settle your WC claim as a lump sum settlement if you have any permanency.  Contact the adjuster and discuss what you MAY be entitled to.