While delivering for work I tripped on a dog leash that was on the front porch and steps of a residence and fell down the stairs and fractured my wrist in 6 places. No surgery is required at this point. Do I have a case against my employer and/or the homeowner for negligence? I’m working in the office while injured so I’m making the same money...but I’m wondering what a typical pain and suffering value is in my case
You are a bit confused.
First of all, you probably have TWO SEPARATE CASES.
One is a workers' compensation case. Pain and suffering does NOT factor into WC. You are entitled to payment for time off work or TTD, medical benefits, and a PPD or permanency settlement.
The second "case within a case" is a potential negligence case against the dog owner/homeowner. There are many factors to this, such as where the dog was, whether it was properly restrained or supervised etc. If there is a negligence case, pain and suffering would be a factor.
But it gets very complicated in that if you have both cases, workers' compensation has a statutory lien to be repaid out of the negligence case. In other words, do not talk to anyone from any insurer until you've talked to a lawyer.
For both cases, you should immediately contact a lawyer to discuss this. I would start with a workers' compensation attorney.
Do not try to go any further yourself. Talk to a lawyer NOW.
There are several issues based on the limited facts provided, as you likely have a worker's compensation case (which does not factor in pain and suffering) and also a potential negligence claim against the homeowner (which does factor in pain and suffering). The viability of your claims and the amount you are entitled to is a fact specific determination that cannot possibly be answered definitively based on the limited facts provided, so I highly suggest you organize everything in your possession related to this matter, and consult with an attorney individually as soon as possible. Do not make any statements to any insurers until you are represented.
Many of us offer free consultations, and will represent you on a contingent basis assuming your claims have merit, so it will not cost you anything out of pocket to obtain the guidance and representation of an experienced professional. Further we can help navigate you through these issues, and work with you to ensure you maximize your recovery.
Yes you have a WC case and a possible PI case. I say possible PI case because their are specific rules that apply to falls. As for the value of the WC case, there is a formula that assigns weeks of compensation to body parts (for instance a hand is worth 205 weeks at 60% of your pay) for a total loss. You will get a percentage of 205 weeks. No one can tell you what percent you will get without medical documentation about your exact injury, ie which bone was broken, and more importantly how well you recovery. But there is no pain and suffering in WC. You should consult an attorney that handles both types of cases.
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