It sounds like WC is your cleanest path. You may also be able institute wrongful termination, but the Attorney would need many more facts. Suing a hospitalized mentally ill patient is probably a dead-end.
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You should speak to a local workers' comp lawyer to get some guidance. First question to ask is whether workers' comp is your exclusive remedy. Second thing to think about is, how would you prove that your termination was retaliatory?
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Definitely pursue the WC claim. Have you filed a claim for benefits? If not, you should do that right away. As for the termination, the employer can replace you while you are out on WC. The only protection would be FMLA which probably does not apply given the short time you were employed prior to the injury. You do have a preference in re-hire if the employer is hiring in the future and you are capable of doing the job. You would have preference over anyone who has not worked for the employer in the past. As for retaliation, it is a possibility but tough to prove. A civil suit against the patient may get you a judgment but collecting on that judgment is usually very difficult. Does the patient have assets to go after?Ask a similar question
You should definitely consult with a workers' compensation attorney. If you still have limitations from your injury that prevent you from earning the level of wages that you were receiving at the time of this incident, you would be entitled to be compensated for those lost wages. I am not sure why you have been waiting 5 months on your case. If you have any attorney, you should ask him to give you an update as to what is the status of your claim. If you do not have an attorney, get one immediately. We give free consultations.Ask a similar question