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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Employment Law
Satisfied Customers: 2848
Experience:  30 years of experience
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I am an Occupational Therapist and lifting is an essential

Customer Question

Hi my name is***** am an Occupational Therapist and lifting is an essential function of my job. I work for a contract company that places me in different facilities for work but I have been at one facility for 8 years where I hurt my back and have a spinal fusion with a lifetime restriction of 25 pound lift restriction. My company has lost the contract at this facility which ends on March 29, 2016 and the new company that is taking over has hired all the therapists except for me because of my back injury. My company then sent me to another facility to interview for a director of therapy position which I interviewed for and I also lost that position because of my back. About 2 weeks ago, I sustained another injury to my back at the present facility that I am still at. A curtain track with a heavy curtain fell on my back. The track is on a dropped ceiling that it should not be attached to. If my company cannot place me somewhere, is workman's compensation supposed kick in to pay me? Should I look into trying to get some type of compensation from the facility since the curtain track is not safe attached to the dropped ceiling? This was not the first time the curtain track has fallen and injured someone. No one else ever did anything about it. It actually fell down once on a patients head and on another therapist but neither were hurt and neither of them reported it.
Submitted: 9 months ago.
Category: Employment Law
Expert:  Gerald-Esquire replied 9 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

I am sorry that you had this additional injury.

This is a very interesting legal issue that you have.

It is probable that your employer (the contracting company) workers comp policy covers you. But things do not "kick in" automatically. You have to file claims and pursue your rights.

Also you may be better served suing the facility where you worked for negligence. You are not an employee of the facility where you were injured. So that facilities workers comp insurance does not cover you. As you may know workers comp does not provide for full recovery (in many instances it protects the employer more so the employee).

If a private suit is available there is a likelihood of a greater award.

The down side of the law suit route is that it will take a longer time to resolve. The workers comp, if approved is much quicker.

In some situations (and yours may fit) you may be able to pursue both. Realize however that if you collect workers comp and successfully sue the facility you may be required to reimburse the workers comp for what they have paid to you. This is called Subrogation and it is often a nasty surprise for people in your situation.

All of these issues are very complicated. You really should consult with a local personal injury attorney to get the best assessment of your case. Attorneys who do this work will meet with you to assess your case at NO cost to you. Also they work on a contingency basis. This means that you will pay NO attorneys fees unless they get an award or settlement for you.

Also they can negotiate with the workers comp and/or structure your settlement so that the subrogation issue is minimized.

This link can help you find local counsel:

http://lawyers.findlaw.com/lawyer/practice/personal-injury-plaintiff

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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