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If I was injured on the job and wanted to bring a law suit again a contract that works for the same company, do I have a risk of the company I work for losing its contract? I had a 500 pound loading dock door collapse and land on me; severe and possibly permanent muscle and nerve damage to my wrist. Not to mention, the only full functioning hand that I have to use due to having Cerebral Palsy in my right side due to the removal of a brain tumor 38 years ago.
Optional Information: Country relating to Question: United StatesState (if USA): VirginiaWhat have you tried so far?: nothing
Hi, thanks for your inquiry! I have been practicing Employment Law for 17+ years and have specific experience with issues like yours. My name isXXXXX and I have been a stage 4 (highest) professional lawyer with the Company for nearly 4 years, and enjoy giving top notch answers to all of my customers. While I am unable to represent you or give you specific legal advise, I can provide you with legal information you may wish to consider and review so that when you do consult with an attorney in your jurisdiction, you have a basis of knowledge. Please DO remember to only rate my answer when you are quite satisfied with my diligence and effort in accordance with your chosen transaction. I aim to provide EXCELLENT SERVICE. Until then, please stop and REPLY to me via the CONTINUE CONVERSATION button with the question concern you may still have. I will be happy to continue further and do everything I can to provide you with the service you seek. AND, WHEN YOU DO RATE ME POSITIVELY, PLEASE SEND ME A REPLY LETTING ME KNOW YOU ARE DOING SO, SO WE CAN ENSURE IT GETS RECORDED. THANKS! With regard to your post:
If I was injured on the job and wanted to bring a law suit again a contract that works for the same company, do I have a risk of the company I work for losing its contract? You have a right to a workers compensation claim typically, that you'd file with your employer's WC carrier (that is what it is intended for, why the employer paid those premiums). If there is a 3rd party that caused the accident, you can ALSO sue that 3rd party, typically, for its negligence. If that 3rd party happens to be in contract with your employer, you can not control if it will breach that contract or, refuse to renew the contract. If it chooses to breach, your employer would have a claim against that 3rd party for the damages caused by its breach. If the 3rd party just chooses to not renew another contract with your employer after its current contract is over, that would typically be its prerogative. So either of those are "risks", although it is not clear why they would be big risks. I.e. what does the 3rd party have to gain by getting out of its contract with your employer, due to a lawsuit by you against it? I mean, that will not negate your lawsuit.
I had a 500 pound loading dock door collapse and land on me; severe and possibly permanent muscle and nerve damage to my wrist. Not to mention, the only full functioning hand that I have to use due to having Cerebral Palsy in my right side due to the removal of a brain tumor 38 years ago.
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------- I think this is what you wanted to know. If not, please let me know and we can interact further. Otherwise, I wish you the best and ask that you Rate me now. HINT: I aim to provide only EXCELLENT SERVICE and ask that you click a rating on the RIGHT side of the choices OR, follow up with me if you need more follow up or clarification. AND, WHEN YOU DO RATE ME POSITIVELY, PLEASE SEND ME A REPLY LETTING ME KNOW YOU ARE DOING SO, SO WE CAN ENSURE IT GETS RECORDED. THANKS! You can ask for me directly in the future by starting your post with "To Alexia Esq." Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and presenting your issue to your lawyer if need be. I am an Attorney in the U.S. but I am not your attorney.
Experience: 19+ Years of Legal Practice in the Employment law arena.
I wanted to say thank you. This is what happened, I was trying to shut and secure a loading dock door but while closing the door, I heard a a noise such as " a spring popping or something snapped, I tried to move back as fast as I could but, the weight at the bottom of the door slammed on my hand directly across my wrist and I ended up having to call a co worker over to help lift the door off of me after it caused my to be lying half way under. Even just typing the little amount that I have in these two messages causes pain again; in the only hand that I have 100% full motor skills/function in. It isn't easy and I shouldn't be the only person suffering.
Hi again, and thank you very much as well.With regard to your follow up:I wanted to say thank you. Very welcome. This is what happened, I was trying to shut and secure a loading dock door but while closing the door, I heard a a noise such as " a spring popping or something snapped, I tried to move back as fast as I could but, the weight at the bottom of the door slammed on my hand directly across my wrist and I ended up having to call a co worker over to help lift the door off of me after it caused my to be lying half way under. So sorry!Even just typing the little amount that I have in these two messages causes pain again; Ah, perhaps you need a dictation software! in the only hand that I have 100% full motor skills/function in. It isn't easy and I shouldn't be the only person suffering. I don't want to seen anyone suffering. However, you deserve compensation to make you as "whole" as you can be, given the fact that medicine likely can't make you 100%.However, if a third party (non-employer/non-co-employee) negligently caused the accident, you may have a lawsuit (you can't sue your employer for negligence, typically, if it is a WC injury). Note that if could be a defective piece of door (spring?) such that possibly a manufacturer may be liable. Or, if there is a 3rd party maintenance company whose services your employer uses, that co. may have failed to maintain the door (if there is such a thing). I may want to visit a WC lawyer who also does personal injury (negligence) suits - to get his take on whether a 3rd party case could be proven.Good luck!
Are you able to represent people even if you had just heard of their lawsuits online if you were in the same area? If not, do you know of any attorneys in northern Virginia who would like to take on a case like this and have reasonable rates please feel free to let them know about this or please let me know of a few. Also, is there a time limit on how long after I would be able to place a lawsuit against the company?
Hi,Are you able to represent people even if you had just heard of their lawsuits online if you were in the same area? Unfortunately, your Terms of Service, and mine, prohibit me presenting visitors here. Moreover, only a VA licensed attorney can represent you, typically, and I am not in VA.If not, do you know of any attorneys in northern Virginia who would like to take on a case like this How many have you called? They typically do not even charge a retainer, so what could be more reasonable than that, plus, the state limits their fees statutorily, generally. And paying a portion to the lawyer that does the work, so you can win what you would otherwise perhaps not win, seems a no - brainer. Here is a google search result to get you started:https://www.google.com/search?q=northern+virginia+workers+compensation&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-aand have reasonable rates please feel free to let them know about this or please let me know of a few. See above link.Also, is there a time limit on how long after I would be able to place a lawsuit against the company? Yes, Personal injury is typically 2 years. But you can't wait that long to find the attorney, so get one as soon as possible. ------- I think this is what you wanted to know. If not, please let me know and we can interact further. Otherwise, I wish you the best and ask that you Rate me now. HINT: I aim to provide only EXCELLENT SERVICE and ask that you click a rating on the RIGHT side of the choices OR, follow up with me if you need more follow up or clarification. AND, WHEN YOU DO RATE ME POSITIVELY, PLEASE SEND ME A REPLY LETTING ME KNOW YOU ARE DOING SO, SO WE CAN ENSURE IT GETS RECORDED. THANKS! You can ask for me directly in the future by starting your post with "To Alexia Esq." Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and presenting your issue to your lawyer if need
To Alexia Esq.
To be honest, this is the first time that I have actually started looking fully into making this happen. As I said earlier, in fear of causing my company the loss of the contract also, thinking about others jobs as well. This is the first "hopefully the last" that I have ever severely looked into hiring an attorney. If this was to happen back home in upstate New York, I would have known several who could have helped for close to nothing. Now, after just getting married and moving into a new place I am actually thinking of where my money is being spent. My wife hates watching me deal with this and I've always been the type never to ask for help with anything but ever since the injury, my wrist swells up and I am in severe pain just from the slightest movements at times. Was never like that before the injury, do to Cerebral Palsy my left side has been my dominant side.
Did you report the injury to your employer? Did you get workers compensation of any kind, i.e. make an insurance claim for that?
The supervisor for that shift did write an incident report; it was shared with our manager and contract management. During that time that I was out of work from early October through January of 2012. I did receive three or four checks from workers compensation but still, fighting tooth and nail for bills from the accident to be paid by workers compensation.
OK, I would suggest you use a WC attorney if they are not paying as they should.
Well, my weekend is over today. Heading back to work in a few hours and plan on talking on talking with the supervisor about the exact date and time that the injury happened. I will be contacting an injury lawyer about this. Thank you for your advice. TRYING, to help my wife bring bags in from the car last night again and still in severe pain, none of this would have happened if it wasn't for someone being careless. Have a good day.
Good luck!