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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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Please let me know if this is in the wrong category.My mother

Customer Question

Please let me know if this is in the wrong category.My mother was injured at work back in January. Her work desk collapsed and hit her left knee. She finally went and saw a doctor in April. But she was out of work since January 30th. The insurance company for workers comp was saying they had to do all kinds of investigations, etc. and her personal insurance was not paying because they said they are not responsible for work related accidents. We finally got the adjuster to issue her a check for the time that she was out, because they needed the doctor to write her a note. He said that she had a laceration in her right knee, and that it is going to take a while to fully heal, and he is releasing her and she is back to full-time work. She just has to let it heal. He said sometimes it might take a while and she has to just wait it out. I know that Mississippi does not deal with pain and suffering for workers comp, but are there anything else she could be entitled to? I did not want to hire her a lawyer if all she was going to be getting is what the insurance company was already offering (just the temporary total disability from when she was off).
Submitted: 2 years ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 2 years ago.
I am a licensed attorney with over a decade of employment law experience. It is a pleasure to assist you guys today. If the comp claim was eventually granted, then there is really not a lot else that your mother can pursue. She could, in theory, sue the employer for negligence if they reasonably knew or should have known of the risk posed by the desk. Perhaps the better course of action would be to sue the manufacturer of the desk if this can be deemed a products liability issue. Of course, they can claim as a defense that the desk is old, that it was perfectly fine when they sold it, etc. In short, it would be hard to prove a case either against the employer or the manufacturer under the circumstances. As such, it is probably the best laid plan to take what you have and move forward. I am afraid you would have difficulty even finding an lawyer to take this case, to be completely honest. I wish I had better news, but I am obligated to convey the legal reality of the situation. Let me know if you have any other questions or comments. Best wishes going forward and please rate my answer positively.
Expert:  Delta-Lawyer replied 2 years ago.
Did you have any other questions or comments? I want to make sure you are as comfortable as possible as you move forward. Thanks!