pain and suffering

[bhethcox]

What is the name of your state? Arizona

My husband was injured at work with faulty equipment which had been written up the night before.

He has lost the use of his pinky finger on his right had and has had surgery and a year of physical therapy and has been released from the doctor which says this will be the best it will ever be, it was worth 702.00 to the insurance company thats all they will pay for it. But what about the pain and suffering end of it? Can we take them to small claims court for that?

 

[I AM ALWAYS LIABLE]

What is the name of your state? Arizona

My husband was injured at work with faulty equipment which had been written up the night before.

He has lost the use of his pinky finger on his right had and has had surgery and a year of physical therapy and has been released from the doctor which says this will be the best it will ever be, it was worth 702.00 to the insurance company thats all they will pay for it. But what about the pain and suffering end of it? Can we take them to small claims court for that?

My response:

No.

Consult with a Worker's Compensation attorney immediately.

IAAL

 

[bhethcox]

we can't find an attorney that will take it, its not worth there time its not a major enough case for them and they said we can't do anything about it, why can't we take it to small claims?

 

[I AM ALWAYS LIABLE]

we can't find an attorney that will take it, its not worth there time its not a major enough case for them and they said we can't do anything about it, why can't we take it to small claims?

My response:

First of all, I'm having a difficult time believing that all 10 to 15 Worker's Compensation attorneys that you've spoken to have rejected your husband's potential claim - - unless there's something else you're not telling me.

Second, you can't use Small Claims court for a Worker's Compensation claim. Your lawsuit would be rejected by the court because a Small Claims court has no jurisdiction to hear such matters. Also, you can't sue the insurance company because they are only the insurance company and did not cause your husband's injuries. You can't sue your husband's employer in Small Claims court - - not only due to the above reason, but also because there are separate Worker's Compensation laws that require a different venue; i.e., the Worker's Compensation hearing rooms, and also because Worker's Compensation laws preempt suing an Employer in court under such circumstances.

Remember, Worker's Compensation laws are "No Fault" laws - - meaning, your husband doesn't have to show or prove negligence on the employer's part. The only issues are whether he was injured on the job, and the extent of his injuries. His "compensation" will depend upon his final Worker's Compensation injury "rating".

See an attorney ASAP - - and try harder than you have before.

IAAL

 

[bhethcox]

thanks for the advice but I called all the w/c lawyers and they tell me the same thing that the injury is not suffient enough to go after the insurance company, and when we spoke to the insurance they said that no attorney would take it because of such which I found to be true they won't even pay for the mileage which I never had heard of, I will try again but nothing has worked so far