I was injured at Wal-Marts March 9,2006. I currently have a work comp attorney who is doing absolutely nothing. He has had this case since January,2007. I was 59 years old at the time of the injury. I am now 65 years old and on medicare. Walmarts has intentionally delayed this case every way possible They have been non-compliant all this time and I would like to know if I now can sue them for personal injury? I have had two surgeries on my right shoulder for rotator cuff and torn bicep and a neck injury
In Tennessee, you are restricted to legal action in workers' compensation as your exclusive remedy. You cannot sue your employer for personal injury. In the situation where an employer takes steps which detract from your medical care, that is considered part of the medical care they must provide. In other words, if they provide you bad medical treatment, they are responsible for paying for the treatment that it takes to fix the problem. Unfortunately, often times there is no fix, and they end up making you worse, which they pay for, but you bear the cost of the loss of ability.
I assume you are or were an employee of Walmart at the time of your injury. In California, an employee who is injured at work can file only a worker's compensation claim against the employer, With certain narrow exceptions, an employee cannot sue the employer for personal injury. However, the employee can sue third parties who may have contributed to the injury (e.g., manufacturer of a defective machine or product). I assume the laws may be similar in Tennessee, but you should consult an attorney in your state.
Workers compensation is a special category in personal injury, controlled almost entirely by state statute and regulations promulgated under the statute. Unfortunately the benefits are limited to the framework in the law. So, I highly recommend that you schedule an appointment with your workers compensation attorney to sit down and review case status and what may be available under the facts and circumstances of your case.
You can only sue your employer under very limited circumstances that are not indicated in your posting. Workers injured in the course of employment can only sue where someone other that the employer has caused or contributed to the injury. The best example I can think of in a retail store setting is for example if you were outside loading bags of mulch in the parking lot and a customer struck you with their car. The store that employs you would be required to pay workers compensation benefits, and you could also pursue the negligent motor vehicle operator.
My office handles personal injury and accident cases in Massachusetts and New Hampshire. There are differences between our states and you should rely only on the advice of your own attorney, licensed in your state.
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Andrew D. Myers
North Andover, MA — Derry, NH
Your remedies against Wal-Mart are most likely confined to the workers compensation statute in your state. Wal-Mart has tort immunity for the injury. I suggest you discuss your concerns with your attorney. Hopefully your attorney can move this matter to a conclusion for you.
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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 ensure proper advice is received.
Sounds like a typical WalMart comp case to me. That is just the way they treat employees. It apparently comes from the home office.
Representing their employees on comp cases has caused me to never shop there for anything. I would rather pay more somewhere else than set foot in the place.
If you need another reason to never shop there, then read "The Wal-Mart Effect" by Charles Fishman. It explains how the company has caused so many American manufacturing jobs to go overseas.
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