Skip to main content
Carter William Hick
Avvo
Pro

Carter Hick’s Answers

15 total


  • I was fired during worker's compensation. What can I do legally about this?

    I worked for a company for about a year. I was let go from them while I was on worker's compensation. We were allowed three sick days a year. I had called in previously twice that year and the third time I was late because of a previously schedule...

    Carter’s Answer

    • Selected as best answer

    I live and work in Washington, so I encourage you to speak to a lawyer in your state.

    You should contact an attorney that practices "Employment Law." Usually attorneys in this area will provide you with a free consult for purposes of determining whether or not you have a case. You can also contact an attorney that practices "Workers' Compensation." Most comp attorneys in Washington provide free initial consultations as well.

    In Washington, an employer cannot discriminate against a worker because of the worker's industrial injury. It is illegal and the worker can seek damages in civil court if it happens and the worker can prove it. On the other hand, the employer is not required to keep the worker's job open forever. In your case, it appears that you were only off work for a couple of months before they fired you. Under these circumstances, I think you should consult with an attorney in your state. Be advised that there may also be a cause of action against the employer under the federal American with Disabilities Act (ADA)-- I stress the word "may."

    Ultimately, you will need to consult with a lawyer and the facts will determine whether or not you have a viable claim(s) against the employer. Do not delay in calling a lawyer to set up a free initial consultation. You want to address this issue while it is fresh.

    Good luck!

    See question 
  • Can I sue my employer or L&I in Wa state?

    I was injured on the job in a factory in WA state. Someone mixed the wrong chemicals together when I was in the room. All the windows were shut though safety procedure says they should remain open. My lungs are severely damaged and I cannot work. ...

    Carter’s Answer

    I agree with the contents of the other answer. I would add that you can report safety concerns and/or violations to the Department of Labor and Industries by going here:

    http://www.lni.wa.gov/FormPub/Detail.asp?DocID=1784

    Read the form's instructions, fill it out and submit it to the Department. Make sure to be very thorough when filling out the form so that the Department can understand the safety violation allegations.

    Good luck!

    See question 
  • Accident w/ a suspended license not my fault

    can i file a claim if my license is suspended

    Carter’s Answer

    I agree with the contents of the other answer. I would add that in addition to "yes you can sue," it is also likely that your license suspension will not be admissible evidence at trial. Whether or not your license was suspended at the time of the collision has no bearing on whether the person that hit you is liable for your injuries.

    But I also agree that the police may be made aware of the incident and you may receive a traffic citation for driving with a suspended license.

    Notwithstanding, if you are injured and need medical treatment, you should see a lawyer who can help you make a claim against the at fault driver. He/She can also talk to you about your driving with a suspended license concern.

    See question 
  • I am being sued almost three years after an accident what can I do?

    The passenger of the vehicle that was hit says he is suing for personal injuries, endured physical and mental pain, medical bills, loss wages, property damage, loss of employment life, loss of enjoyment ofd life.., etc it goes on. At the scene the...

    Carter’s Answer

    Because of the shock and adrenaline people experience after a car collision, they often don't realize the nature and extent of their injuries until a few days later. It is very typical in certain types of collisions for people to initially think that they are not hurt.

    As for the plaintiff lying about what happened to the truck, I don't know which truck you are talking about (your truck or the truck of the person you hit?). If it is the truck you hit, then I am unsure as to how you would know whether the plaintiff is lying or not. I mean, if it is not your truck and you only saw it on the day you hit it, then you don't know the extent of the truck's damage, do you?

    Regardless, you have been served with a lawsuit and must respond. As mentioned by others, you will need to contact your automobile insurance company immediately. They will want you to forward the complaint and summons to them and will assign an attorney to the case to defend you and your interests.

    Good luck.

    See question 
  • Am I responsible to pay for this accident?

    On January 2, 2008, I was involved in an accident in stop and go traffic. I barely bumped into the back of the car in front of me. She panicked and instead of pulling off to the right side of the road she pulled into the car pool lane and was st...

    Carter’s Answer

    The other two answers are good and I agree -- definitely report this to your automobile insurance company right away.

    As for fault, I would say that you are at fault. You rear-ended her and but for that she would have never pulled into the other lane. In other words, you triggered the series of events by not paying attention and rear-ending her and therefore you carry some blame. Do you carry all the blame? That is arguable. However, you definitely carry some, if not all, of the blame and should not hesitate to contact your insurance company.

    Your insurance company will pay for a lawyer to defend you and your interests, but I think you will be on the hook for something.

    See question 
  • Me and 3 friends were assaulted.

    A guy who appeared to be extremely high or inebriated sucker punched my friend and layed him out cold. I assessed the situation rather quickly decided to call 911. While on the phone with him he came at me and shoved and swung i kept backpedaling ...

    Carter’s Answer

    • Selected as best answer

    This is more of a criminal law question, I think. I disagree with the police officer that says you were not assaulted, you were. In fact, you may have been the victim of assualt and battery seeing as how he touched you and put you in fear of imminent danger. Certainly your friend that was punched is a victim of assault and battery, as is his girlfriend, in my opinion.

    I would follow up with the officer that came to the scene and filed the report. I would push and push the officer to file the charges against the guy for his actions toward all three of you. I would also talk to the officer's supervisor and I would potentially call the prosecutor's office, reference the police report number, and find out what charges they are considering. I would then push them, as well, to bring charges against the guy for his actions towards all three of you.

    As for a personal injury claim for assault, you probably have one there, too. Certainly your friend that was knocked out has a claim for tortious assualt. The question is, does the guy who hit your friend and threatened you have any money? I doubt it. From the facts you present I don't think insurance of any kind will cover his conduct so the only pocket to recover from is his, which is probably pretty shallow. So, it will likely be hard for you to find an attorney willing to bring a personal injury claim against a guy that is not covered by insurance and likely has no money or assets. Nonetheless, you should still call around.

    The Department of Labor and Industries has benefits available to crime victims. I think these benefits include medical so your friend may want to fill out a crime victims application with LNI to see if he qualifies for any benefits, especially if he has medical bills.

    Here is the link: http://www.lni.wa.gov/forms/pdf/800042a0.pdf from the LNI website.

    Other than that, I will reiterate that you should pressure the police and the prosecutor's office to file charges against this guy for his actions toward all three of you.

    See question 
  • Should I get paid for pain and suffering for my injury

    Do they pay for pain and suffering when I got hurt on a fishing-boat in 2008, the pay me $25 a day plus Doctors and Hospital right now and lost wages.

    Carter’s Answer

    It depends.

    If this was an on the job injury, then no. They will not pay pain and suffering. LNI will only pay your medical expenses and wage replacement benefits (time loss compensation) if applicable. When your claim is closed, you must be considered for a disability award of some sort, which does not take into account pain and suffering.

    If this is NOT an on the job injury, and your injury is the result of someone else's negligence (the boat owner?), then yes, they should pay for pain and suffering. Generally, when someone is hurt they need treatment. Once treatment is over, then they make their claim. Their claim should include reimbursement for all medical expenses, any lost wages and pain and suffering. There is Washington case law that stands for the proposition that if someone is injured through the negligence of another, and if the evidence shows they experienced pain and suffering, then a jury MUST award them money for pain and suffering (in addition to medical expenses, wage loss, etc). If the jury only reimburses for medical and lost wages and gives nothing for pain and suffering, then such can be grounds for a new trial.

    So yes, when you are finished treating you should most definitely DEMAND compensation for pain and suffering. A lawyer will be able to help. And remember, you have 3 years from 2008 to settle your claim or file a lawsuit.

    See question 
  • When you need an attorney for a tort claim against the state of washington is it a personal injury lawyer I'd look for.

    I have a very good case against child protective services for neg investigation, perjury, the fact that I was denied legal representation at fact finding, I appealed that notation and the case was sent back to trial court to be redone, but soon af...

    Carter’s Answer

    Yes, you will want to talk to a personal injury lawyer to see if you have a claim against DSHS/CPS. Not all personal injury lawyers handle claims of this sort, so you may need to shop around. You want to look for a lawyer that has experience in claims against the state and who has sued DSHS/CPS before (for example, you don't want a personal injury lawyer that specializes in only motor vehicle collisions, necessarily). Generally speaking, although this may not apply in your case, a person has three years from the date of injury to file a lawsuit. Your case, however, may be different and you should consult with an attorney right away.

    See question 
  • I was injured 2 years ago on a job due to their neglagence. My workers comp case closed and labeled me disabled. Still in pain.

    I am 8% disabled and in pain everyday, I cant even do the things I used to do like hold my son or garden without stopping due to the pain. The company is nutorius for on the job claims. If they would have secured the shed down like they were dir...

    Carter’s Answer

    This, unfortunately, happens to a lot of injured workers.

    The workers' compensation system is the exclusive rememdy for on the job injuries, regardless of fault. In other words, unless your injury was due to a third party's negligence (i.e. a non-employee) you cannot bring a civil tort claim.

    That said, if your condition gets worse you can file an application to reopen your claim. This can be done at anytime while you are alive, but if it is done 7 years or more after claim closure then if it is reopened you will only be eligible for medical benefits. If you reopen before the 7 years is up then you are eligible for all the benefits.

    You must be able to verify that your condition is worse through objective medical evidence. This is best done via MRI or x-ray. That is, you have an MRI or x-ray from when the claim was originally open showing certain findings that can be compared with a current MRI or x-ray. If the findings in the current MRI or x-ray show that your condition is worse (for example, you now have a disc bulge whereas before it was only a protrusion) then your claim should be reopened because that is objective medical evidence substantiating worsening of your condition.

    If reopened, it will ultimately be closed again at some point. If you have a 12% disability by the time your claim is ready for its second closure, then you will receive a PPD representing the difference between 8% and 12% (i.e. a 4% ppd). However, it may be that you are unable to work at all when your claim is ready for its second closure, which could mean you are eligible for a pension.

    The first step is seeing your doctor to determine whether there is objective medical evidence supporting a worsening of your condition, which justifies a reopening of your claim.

    Good luck.

    See question 
  • Looking for a job in workers comp

    I worked for L&I for about 10 years. My job there was to explain everything about workers comp. I left that job in October and am looking to jump the fence to the other side. Any ideas? please e-mail me if you know of anything [email address remo...

    Carter’s Answer

    Is this Angie from the AG's office? If it is, let me know if you are still looking for a place to land.

    See question