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How do I get monetary damages after a workplace injury?

Hyattsville, MD |

I was injured at work and my doctor ordered surgery.The injury occurred when a third party moved equipment while I was working My employers insurance had their IME see me and of course they denied the claim. Had a hearing regarding surgery with WCC and they ordered the surgery. However, my "attorney" didn't file a claim for lost wages. I'll be out of work for 4-5 months with post-op procedures. How can I get the money that I lost for being off of work because my employer wouldn't honor the "light work" and "sedentary" duties ordered by my RX? I lost a total of 2 1/2 weeks. Also, I had a co-worker kick me in my knee that's scheduled for surgery next month. Who can I sue for my lost wages? Should I get another lawyer to handle this as well?

Attorney Answers 5


  1. You say that you have a workers compensation lawyer helping you with workers compensation benefits, but you need a local personal injury lawyer to investigate your 3rd party claim. Well, you have come to the right site, as Avvo has a terrific "find a lawyer" tool to locate a personal injury lawyer in your city. Good luck.


  2. You will almost certainly need a workers' compensation attorney to help you and you should also have a personal injury attorney look into the possibility of a third party claim. You have "attorney" in quotes, so it appears that you may not have an actual attorney representing you on either claim
    at present. You can hire a WC attorney and generally they will get paid after you get paid. Usually they will help to recover far more for you than you must pay in fees - and they will assert a large portion of your loss of earnings claims. Most personal injury attorneys (if they are willing to take your case) will take your case on a contingency fee. They typically will also pursue lost earnings claims and claims for other damages. These attorneys are also usually well worth the cost.

    The information provided in this answer is intended to be preliminary and informational ONLY. It is not legal advice for your jurisdiction nor may it be relied upon as such. The posting of this informational answer does not establish an attorney-client relationship.


  3. Immediately consult with a local experienced personal injury attorney. If they take the case they can also try to find out why your WC attorney has not been successful.


  4. In your workers' compensation claim, you are entitled to temporary total disability for the time that you missed from work which is 2/3 of your average weekly wage. Your attorney should be able to get the workers' compensation carrier to pay or can file issues for a hearing. If your co-worker kicked you in the knee, you can file a separate workers' compensation claim for that if additional injury was caused. Consult with your attorney about that.

    This answer is being given for general informational purposes only and is not protected by the attorney-client privilege since this is a public forum. The information provided does not create an attorney-client relationship. No communications with me on this forum shall be construed as arising out of an attorney-client relationship. If a client needs specific legal advice or opinions, he or she should retain counsel for advice or to undertake representation.


  5. You can't sue anybody. Ask you lawyer if it is not too late to put in a claim for lost wages now. If it is, you probably should switch lawyers.

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