Speak with your comp lawyer.
If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.
Typically workers compensation is your only remedy unless you can show your injury was caused by someone who is not a co worker. Workers compensation awards you for your functional loss not pain and suffering .
You should discuss what your Doctors reports mean and the likely outcome of your up coming Hearing with your attorney. If you are awarded a Schedule Loss of Use (SLU) you need to understand your rights going forward as a SLU is not the same as a Section 32 settlement.
Please remember the answer to this question is in general and without knowledge to the specific facts of your case. You should not rely on this answer when making important life decisions and seek a legal opinion based on your particular facts and circumstances.
No. Workers' Compensation is your exclusive remedy.
If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. 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. Links: firstname.lastname@example.org http://www.themargolisfirm.com
How did your injury occur? Did you have a fall? Were you involved in a motor vehicle accident? Was there a third party responsible for your injury in addition to your employer?
There are narrow exceptions to the general rule that you cannot sue your employer for an injury at the workplace, but it seems from your limited account that your incident does not fall within one of the exceptions.
However, if a third party was responsible for your injury, you could make a claim for pain and suffering in a legal action against the third party. If your existing attorney failed to refer you to a third party attorney and/or properly investigate your potential third party claim within three years of the accident, and assuming your third party claim would be meritorious, then you may have a legal malpractice claim.
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