WCB Pain and Suffering?

[Madster]

I got injured falling from a scaffold 1 year ago and tore my rotator cuff. I had a workplace injury form filled out, an er doctor said it was a serious injury, my family doctor said it was from the fall and I went on disability. 2 months later, they took me off because the WCB doctor, who I had never met, said my injury sounded more like an injury not sustained at work. My disability was turn over and I have been without income for 11 months. I am probably going to lose my home since i cant work, my health deteriorated and now have diabetes, likely from the stress, and my marriage is on the rocks due to the obvious financial troubles.

I just won my claim and they are going to reimburse me with lost wages. With WCB, are you able to sue for pain and suffering? especially since my original claim was turnover over on flimsy foundation which led to my current situation?

 

[swalsh411]

Who are you looking to sue?

 

[Zigner]

What state?

 

[Madster]

Who are you looking to sue?

Thats what im not sure about. Cant be my employer because if WCB never turned over the initial decision, I would have not been in this situation. Can WCB even be sued?

 

[swalsh411]

Provide your State.

 

[Madster]

I got injured falling from a scaffold 1 year ago and tore my rotator cuff. I had a workplace injury form filled out, an er doctor said it was a serious injury, my family doctor said it was from the fall and I went on disability. 2 months later, they took me off because the WCB doctor, who I had never met, said my injury sounded more like an injury not sustained at work. My disability was turn over and I have been without income for 11 months. I am probably going to lose my home since i cant work, my health deteriorated and now have diabetes, likely from the stress, and my marriage is on the rocks due to the obvious financial troubles.

I just won my claim and they are going to reimburse me with lost wages. With WCB, are you able to sue for pain and suffering? especially since my original claim was turnover over on flimsy foundation which led to my current situation?

Washington

 

[swalsh411]

What do you mean your disability was "turned over"? Did they stop approving your claim?

You may have a personal injury claim if there is a third party who built the scafford and you can prove they did so negligently.

You appeal rights for the original WC injury claim have probably long since expired.