|
Do I have a case?
|
|
08-06-2011, 08:51 AM
Post: #1
|
|||
|
|||
|
Do I have a case?
I don't know all that much about the legal system so forgive me for my ignorance
![]() I helped my boss lift a table at work two weeks ago and I really hurt my lower back. The main pain went away shortly but I still have some lower back pain and a possible misaligned spine. This was at my summer job and I'm heading off to grad school in a few days. Because I'm making a big move so soon I don't have a lot of time. Do I even have a case here if my back is seriously messed up? I didn't report it right away and I voluntarily helped even though it's not in my job description to lift heavy things. Plus it wasn't my full time job. I'm a student. So do I even have a case or did I wait to long to report it? Also how much time does filing for workers compensation take? Is it a very complicated and lengthy process? Thank you for any insight! |
|||
|
08-06-2011, 10:34 AM
Post: #2
|
|||
|
|||
|
RE: Do I have a case?
Not sure what state your in but I don't think 2 weeks is too late to make a WC claim. The biggest thing I can tell you for sure is take care of your back. Believe me it is one of the biggest things you don't want to have messed up. And in your case it doesn't sound like it is in too bad a condition and maybe with the right treatment you will recover 100%. Please take care of your health and your back.
|
|||
|
08-06-2011, 12:29 PM
Post: #3
|
|||
|
|||
|
RE: Do I have a case?
yes you have legal rights to recover for your injury.
even if your state does not require work comp insurance your employer has responsibility & liability for injuries sustained by his workers. what type of rights depends on your state laws. http://www.workerscompensation.com/forum...?tid=10146 |
|||
|
08-12-2011, 11:17 AM
Post: #4
|
|||
|
|||
|
RE: Do I have a case?
The answer to this question is subjective. Much depends upon the laws in the State where the injury occurred. Some States do not require that an employer carry workers compensation insurance unless they employ a certain number of people. In general, notification to the employer of an on-the-job injury must be made as soon as possible, but in most cases no more than 30 days after the alleged injury.
It would not matter, (again, depending upon the State laws) whether you were full time or part time. Job descriptions are not the deciding factor as to whether this would be a job injury or not. Typically, if the injury arose out of and in the course of your employment (i.e., you were on the clock, and doing something you were asked to do) then you would be covered. Initially, processing a workers compensation claim is as simple as notifying the employer, and requesting to be sent to one of the listed physicians. Since it appears you will be leaving soon to attend graduate school, it's likely that such a claim would end up being a "medical only" claim, rather than a lost wage claim. Again, this answer is dependent upon some unknown factors. DISCLAIMER: I am not an attorney. While drawing from my professional training and experience in law enforcement and as a former Paralegal, no comments offered should be considered as legal advice. |
|||
|
« Next Oldest | Next Newest »
|
User(s) browsing this thread: 1 Guest(s)

Search
Member List
Calendar
Help




