I have been going through a workers comp case for almost 3 years now. I was crushed by a tractor at work and have had multiple ankle surgeries and my pelvic crushed. I am now released to work, yet due to my injury, it is hard to go back to any kind of the labor work I was doing. My case is coming to a close, and they offered me 5 digits to settle. With no future medical assistance. I feel that my injury is more than just 5 digits. I’m not out for the money, yet this injury has changed the rest of my entire life. I am now limited to what I can do. I was 29 year old when the accident happened, with no prior health issues. However now, I cannot play basketball, only shoot around, I walk with a limp so it’s hard to even run. I was a truck driver, but since I have back pain now, I cannot sit in one position for more than 1 hour at a time. It’s not only affected me physically, it’s also affected me mentally as well
Check with a personal injury attorney but I think you may have blown the statute of limitations to bring a negligence claim. Also ask you attorney why the settlement is so low? I would think, based upon what you are describing, your settlement would be in the 5 digit range is you stipped and kept future medical care open. Was that option explained to you?
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You may be too late to see about a personal injury case and you may not have had one in any case. You cannot sue your employer for your injuries. When you consult with that WC lawyer, ask about a personal injury claim against the guy driving the tractor.
The statute of limitations to bring a personal injury matter is 2 years, so it sounds like that option no longer exists. I am so sorry. As to the workers compensation settlement, it does not include pain and suffering, but is based on your permanent disability rating. Talk to your work comp attorney, and if you do not have one, consult with one immediately. Do not try to negotiate this without counsel. The insurance company adjuster's job is to minimize payment to you. Your attorney will try to maximize payment.
The statute of limitations is two years. So it sounds like it is too late to pursue a personal injury claim. Even if the statute of limitations has not run, in order to pursue a personal injury claim your injuries will need to be the result of a third party's negligence or a product defect. I agree with the other posters that the money they are offering you seems low based upon your injuries. If you don't have a lawyer you should contact one immediately.
If you were injured over three years ago, it's too late now to sue anyone else. You may have had a case against the manufacturer of the tractor, any third parties who owned or operated it, etc., but it's too late now.
Last, if your workers' comp. lawyer knew how you got hurt, and then didn't figure out that you could sue the manufacturer of the tractor, any third parties who owned or operated it, etc. or didn't advise you, he/she may have committed malpractice. That's not an easy case.
Unfortunately, the statute of limitations for personal injury actions in California is 2 years, so it sounds like you are out of time. Additionally, to the extent that there is no third party involve din your work accident, workers' compensation would be your only recourse.
This communication offers general information based on the very limited information provided, and does not constitute the giving of legal advice, nor does it establish an attorney-client relationship.
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