Slip & fall. What can a lawyer do for me by way of compensation, pain, suffering, remedy? Local lawyer recommendations?

Asked about 4 years ago - Warren, MI

I fell at work and suffered a slipped disc and was off for 12 weeks. I returned to work with restrictions for a while after which I was returned to full duty. I am still in pain and now walk with a limp. How long before I lose my right to sue the company for my disability? Can I sue the company if I received workman's comp and all my medical bills related to the accident were paid by their insurance? The doctor implied that I may have to learn to live with the pain or get more injections in my spine to relieve the pain. How long will the company have to pay for my medical treatment for this injury?

Attorney answers (3)

  1. Alan G. Blatnikoff

    Contributor Level 7

    1

    Lawyer agrees

    1

    Answered . Do you work on site for your employer or does someone else own the property? If your fall occurred on employer owned property, workers' compensation is your exclusive remedy and you can't sue the employer for anything else. If there is another entity who owned and or maintained the property, you might have a claim against them. There would be a three year statute of limitations that would apply. If you have any additional questions, email me @ ablatnikoff@mindellfir.com.

  2. Michael J. Helfand

    Contributor Level 16

    Answered . A lawyer can help ensure that you are being fully compensated. I would be happy to recommend someone in your area. Generally, workers' comp is the only remedy you have, and you cannot sue your employer. There are some exceptions, so check with an attorney. If you've been dealing with the insurance company on your own, it's likely that you aren't aware of all the benefits that may be available to you. An initial consultation with an experienced workers' compensation attorney should be your next step, especially if your injury is permanent. It shouldn't cost you anything to look into this. If you would like a referral, feel free to give me a call. 1-800-807-9530.

  3. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . I recommended that you consult with a Workers Compensation attorney in your area as soon as possible. He or she can advise you as to the statute of limitations and any potential additional compensation to which you may be entitled.

    You cannot sue your employer for your pain and suffering, however, there may be a third party (like a cleaning service) which may have been responsible for causing the slippery surface upon which you fell. In that case, while you do not have a claim against your employer, you may have a claim against a third party. Your workers compensation attorney should be able to advise you about this.

    Legal Disclaimer:

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

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