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Workmens comp/ injury Negligence, Other Injury

Discussion in 'Accidents, Injuries, Negligence' started by Kcpagnotta, Feb 6, 2015.

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  1. Kcpagnotta

    Kcpagnotta Law Topic Starter New Member

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    My mother was injured at working my tripping over a negligently placed forklift. This resulted in her breaking her right knee cap and a severe constunsion on her left knee. Having to walk with crutches for several weeks also worsened a pre-existing back injury. She is back at work now but is in constant pain and finds it extremely difficult to make it through the day. While out of work recovering from her injury she was given and accepted paycheck a from workmens comp.

    Does she still have a case for a lawsuit against the company?
     
  2. army judge

    army judge Super Moderator

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    Your mother should discuss her situation with lawyers in her county.
    There's very little we can advise, as we don't know enough about her situation to offer much more than see a local attorney or two.
     
  3. cbg

    cbg Super Moderator

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    In most states and most situations, workers comp is the ONLY recourse. It's not a case of, if you don't file a workers comp case you can sue; it's, you don't file a workers comp case? Too bad so sad, you should have filed for workers comp. I'm not quite sure where so many people got the idea that they have a choice between filing a workers comp claim or suing.

    She can and should consult with a workers comp attorney to make sure all her rights are protected. But the chance that she can file a lawsuit are exceedingly slim. The chance would have been no larger had she never filed the claim.
     

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