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workers comp additional lawsuit- need advise

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J

jane q.

Guest
Mississippi

On 9/29/02 I slipped on water on a stairwell at my workplace. I broke my ankle, injured my shoulder and hip. They later found in addition, a broken leg, 2 ruptured discs in my lower back (on each side), ended up in the hospital with a blood clot as a direct result of the broken ankle and have an as yet undetermined injury to my shoulder. I had no trouble with the ins. co. The adjuster was very helpful, but my benefits dept. was a nightmare. I was at one time released to light duty and yet my Dr. did not allow me to drive. I tried to drive anyway and ended up reinjuring my back/hip. I told my benefits coordinator about this and he was no help in working with me. A few days later I ended up in the hospital with the blood clot.

I decided to retain a lawyer. I told my lawyer that I want to sue regarding the w/c and that I also want to independently sue my employer. (I work as a dealer in a casino in Tunica) The day after my accident I called my boss (table games floor supervisor and told him about my emergency room diagnosis.) He told me, "That's why I quit going to the safety committee meetings. I have been telling them for 4 years to get that water cleaned up) Since retaining the lawyer, I am no longer allowed to have contact with the ins. co. and my benefits dept has told me that they can't talk to me either. Well now my lawyer is not returning my calls regarding paycheck problems.

I want to first make sure I have a case for gross negligence and that I can sue the co. independently of the workers comp. case, and second:

If I hired a lawyer to be my spokesman, etc. shouldn't I be able to expect more? And if this continues to be a problem, can I fire this lawyer and hire another.

Please help! I need assistance.

[email protected]
 


Beth3

Senior Member
Yes, you always have the option of switching attornies. It's entirely up to you if you wish to retain a new attorney and dismiss the previous one.

You should be advised though that it is quite unlikely you can "sue" your employer for negligence or anything else. Typically, your sole recourse will be the provisions provided for in your State's Worker's Compensation legislation. How this works in Mississippi would be something I'd expect a qualified attorney to explain to a new client immediately.
 

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