I was injured at work. Did not put in a claim. Weeks after pain, MMI shows damage as the result of the fall. Claim now?
7 attorney answers
You will likely have a complicated question about whether you can recover for workers compensation benefits and possibly also for your fall in civil law. Whether you are an independent contractor is very fact intensive. If you were an employee, it would limit your tort claim because the employer would have immunity from an employees claim. With workers compensation, it is very important that you provide timely notice - you talked about putting in a report and then taking it out. However, it sounds like you made your employer aware, so you may still be able to make a WC claim if you were an employee. You should talk to an attorney that handles WC and slip and fall type cases to sort this out. Both types of cases generally have consults for free, so there is little to lose and valuable insight to be gained. Good luck.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship. The response given is based upon the limited facts provided. To the extent additional or different facts exist, the response could change. Attorney is licensed to practice law only in the States of Pennsylvania and New Jersey. Responses are based solely on Pennsylvania law unless stated otherwise.
Levi is right. Your status as an employee or independent contractor is the key. The devil is in the details when analyzing that question. You need to talk to a lawyer to sort those details out. If you are truly an independent contractor, you won't have a workers comp claim. If you are actually an employee you will. If you are not an employee , you may be able to sue the person or entity that controls the property for negligence and recover damages for lost wages and pain/suffering. If you have disability insurance, you may want to make a claim under that policy.
This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship. The answering attorney is licensed in Pennsylvania and all answers are given pursuant to Pennsylvania law, unless otherwise indicated.
The first question to answer is whether you were actually an employee or an independent contractor. This is not always obvious despite how the "employer" might characterize you. It is not dependent on whether you are paid based on a W-2 or a 1099. You should meet with an experienced, certified specialist workers' compensation lawyer to go over your whole situation. These cases can be very fact-specific.
Attorney Wolf is licensed to practice law in Pennsylvania only. He is Certified as a specialist in the practice of workers' compensation law by the Pennsylvania Bar Association's Section on Workers' Compensation Law as authorized by the Pennsylvania Supreme Court. A response from Attorney Wolf cannot constitute legal advice and does not create an attorney-client relationship.
You need to schedule a one on one consultation with an experienced Workers' Compensation attorney as soon as possible. There is simply not enough information in your post to provide good guidance. There is no risk to you as the initial consultation is free. You should meet with an attorney and find out your rights and options.
This scenario is not unusual at all. People often don't realize that their injury is not a simple strain and sprain. Some people "tough it out" thinking it'll resolve on its own, but then realize that it hasn't.
You have to file a claim with your workers' compensation insurer. Immediately. You must report your injury within 120 days. The consequences for not doing so can be severe.
It's some good news that you prepared the report of injury, but you should submit it as soon as possible. Presumably, you have treated for the work injury and the medical provider's records will document your history of a work injury.
Good luck and let us know how it goes!
Karl is dedicated to representing only injured workers Pennsylvania. The answer to this question is based on Pennsylvania law only. Workers' compensation statutes and case law vary from state to state.
This question is more of a workers comp question. And yes, if you were injured on the job you are entitled to compensation. Find yourself a workers comp attorney ASAP. Good luck.
You should immediately retain an attorney specializing in personal injury claims. You did not say how long ago the accident happened. There is a two year statute of limitations on filing personal injury claims, so time is always important. It is also not clear whether or not you filed an incident report or decided not too. If there were witnesses or individuals that you spoke to about the injury at the time that would be helpful to support your claim. If you are successful, you are entitled to be compensated for your pain and suffering, medical expenses and loss of income. AVVO is great resource for finding attorneys near you. Pay special attention to client reviews. Best of luck.
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