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" or "best answer" as appropriate. Legal Disclaimer: Mr. Connell is a Colorado attorney licensed in only that state. 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.
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.
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).
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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.
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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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