I got injured on job what can i do

Asked 8 months ago - Batesville, AR

the owner had me working on building a house for his kids and i got hurt and tore my acl. the companys lawyer wanted me to keep it off workmanscomp. i said ok cause i have worked there 4 years. i did not realize they were doing me wrong, now if i have problems with my knee i cant go back to workmanscomp. i need to know if i can sue this company. they wont bring me back to work and i had planned on staying with this company for a long time

Additional information

i really would like to talk to a lawyer outside of Batesville because all these lawyers here i feel are tied together company name BAD BOY MOWER

Attorney answers (6)

  1. Scott Allen Scholl

    Pro

    Contributor Level 18

    11

    Lawyers agree

    Answered . Check with an attorney who handles both workers compensation claims and personal injury cases. Based on the limited information we have, I suspect that if you file a workers' compensation claim your employer's insurance carrier will try to allege that your injury occurred outside the scope of your employment.

    Then, if you file a personal injury claim they will likely try to assert that it was an on the job injury and that the exclusive remedy is workers compensation (as Mr. Connell stated, the employer may have less exposure on the workers compensation claim).

    This response is for information purposes only, it does not create any attorney-client relationship.... more
  2. John M Connell

    Pro

    Contributor Level 18

    11

    Lawyers agree

    Answered . You could still potentially go back to workers comp and file a claim, but because they insisted that you keep it out of WC you also have a personal injury action that potentially can be filed. If it were here, as soon as the personal injury case was filed they would immediately say it should be workers comp and try to get it moved into that arena because the potential damages in work comp are usually less than in personal injury. I suggest that you see a personal injury atty near you to discuss your options.

    If this information has been helpful, please indicate by providing feedback that the answer was either "helpful"... more
  3. James Patrick McLane III

    Pro

    Contributor Level 12

    11

    Lawyers agree

    Answered . You should find a worker's compensation attorney to start the process for you. Also, depending on the facts of your case you may also have a third party liability claim against someone on the job site if their negligence caused the accident.

    My post is for informational purposes only and in no way establishes an attorney client relationship.
  4. John M O'Brien

    Pro

    Contributor Level 18

    9

    Lawyers agree

    Answered . You need to schedule a consultation with a personal injury attorney who handles worker's compensation claims as soon as possible. Avvo has a nice feature to find an experienced attorney http://www.avvo.com/find-a-lawyer

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Retain a local wc / personal injury lawyer. Avvo has a terrific "find a lawyer" tool to locate a top-rated Avvo attorney with a low contingency fee. Good luck.

    Licensed & have offices in PA & NJ ONLY. (Philadelphia, PA & Marlton, NJ)
  6. David A. Papa

    Contributor Level 16

    1

    Lawyer agrees

    Answered . Since you prob need both a workers comp attorney and a personal injury attorney you should use the AVVO "Find a Lawyer" tool bar and speak to a couple of attorney's and perhaps you will find one attorney who practices both areas of the law.

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