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Workmans comp

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marybo

Member
What is the name of your state?Louisiana
I tripped on construction materials draped across a sidewalk at work and hurt the ligament in my foot. My employer is paying all medical bills and I will receive workmans comp after I am out for 7 working days. The amount of the workmans comp is about one third of my salary and I am concerned about finances if my recovery is very long. Can I sue my employer for this accident even though I am scheduled to receive workmans comp next week?
 


Sure you can.

Now whether that's a wise choice only you can decide. The entire process can be frustrating and can jeopardize relationships with you and your employer. If your recovery won't be that long, you might want to first discuss your concerns with your employer and see if he'll work something out with you. If he's reasonable, perhaps he will give you lighter duty until you're fully recovered.

However, if your recovery is very long and this will ultimately hurt you financially, you might indeed want to consult an attorney and see if he thinks you can be awarded more financially. Keep in mind though, these cases can take months or even years to get settled and in the end you might not get what you hope for.

Just be sure to consider the possible outcomes of your choices. Good Luck.
 

tjr5150

Member
Actually You can not sue your employer..
While all state laws are different I'm pretty sure you can't sue your employer.. Workman's comp is there for a reason and this is one of them..
If you get hurt on the job you are covered under workman's comp, this protects the employer from being sued.. You can always try,but they might ask you why were'nt you looking where you were walking..
 
Are you sure about that? I've received hundreds of documents from lawyers who were representing employees "suing" their employers/insurance companies. Perhaps she would actually be suing the workers comp insurance company rather than the employer.....Maybe a lawyer would not accept her case based on the circumstances, but I've seen many a claim that did not seem justified, if you know what I mean,,,,but still both sides were fighting til the end....
 

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