I fell in the parking lot at my job(feb)still have pain can I sue since I can’t do same job with out pain?
6 attorney answers
You could potentially have both a workers' compensation claim and a 3rd party law suit depending on certain factors. You should consult with an experienced workers' compensation attorney, right away. It is important to start developing the facts right away.
Look for an attorney who is certified as a specialist in workers’ compensation law. Most personal injury lawyers are not.
Most of the attorneys in this cite would be able to help you!
I am an attorney, but do not represent you. This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice.
Pain in your shoulder and arm could very well be coming (at least in part) from the neck, if there is nerve root involvement. Ongoing limitations this many months after an injury suggests some pretty serious pathology, and whatever light duty they've been affording you at work clearly is not enough -- along with whatever treatment you've been able to get -- to resolve the injury. By this point you should be treating with doctors of your own choice (and/or referred by an attorney). If sympathetic doctors can support that the injury included neck and head injury, they may also support the view that you should be off work entirely in order to recover and with a right to benefits. This would give your claim significant value and make it appealing for any of us attorneys to take up the fight on a "contingency" basis (where we only get paid if we secure you benefits or negotiate a lump sum settlement on terms you embrace, based on your potentially valuable rights). A savvy attorney can meanwhile find you doctors who will treat the entirety of your condition, so long as efforts are being made to legally tie in all actually related diagnoses as elements of your injury claim. Call, and be sure to speak with an attorney certified as a specialist in PA Workers Compensation law.
Tim Kennedy is a Certified Specialist in PA Workers Compensation law representing injured workers only (never employers or insurance companies) throughout all of Pennsylvania. Answers are for general purposes only and do not establish an attorney-client relationship. All answers are given pursuant to Pennsylvania law, unless otherwise indicated.
I agree with my colleagues above - you need to consult with an experienced attorney, preferably one certified as a specialist in workers compensation law, whether any of the attorneys at our firm, or another of the fine attorneys on this board. The insurance carrier unilaterally decides what, if anything, to accept in a work injury (your arm, in this case). You, as the injured worker, have to prove the work injury involved more that that accepted (the head and neck, in your case). The attorney with whom you consult can explain the process in greater detail. Good luck!
As my colleagues have noted, you should consult right away with a certified specialist workers’ comp attorney so that you understand and protect your rights.
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 should promptly consult with and hire an experienced workers compensation attorney to help you with your case. Preferably, someone certified as a specialist in workers’
You need to level the playing field. At this point. You can also treat with doctors and medical providers of your own choosing.
Most of the attorneys posting here can assist you and would be pleased to do so.