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D. WINOGO ESQ., Attorney
Category: Legal
Satisfied Customers: 4714
Experience:  10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator
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This question is about workers compensation. I fell off a ladder

Customer Question

This question is about workers compensation. I fell off a ladder at work last week. I landed on my back. I went to the er after it happened. My husband took me. They would not call 911. I hit my head and felt like I was going to pass out. I have several deep open wounds. I fractured the T8 on my back. Spendt several days in the hospital. I am still in very bad pain in my back. I haven't heard from work or workers comp. Can I take them to court? I live in Indiana.
Submitted: 6 years ago.
Category: Legal
Expert:  D. WINOGO ESQ. replied 6 years ago.
No. You must file a workers comp claim. If your employer refuses to file the report, then you may sue.
Customer: replied 6 years ago.
What happens if my employer is making out a form for workers comp. Aren't they suppose to be paying these medical bills, instead of me? Do they have a certain amount of time to be file this claim? Can I sue after everything is filed?
Expert:  D. WINOGO ESQ. replied 6 years ago.
They must file the workers comp claim within a "reasonable" time. Typically this is up to two weeks after the incident. Once the claim is filed you cannot sue the employer as workers comp us supposed to compensate you, not the employer. Once the claim is filed, yes they are supposed to cover all your medical expenses. That is why it is imperative for you to follow-up with your employer to make sure they file the claim. If they refuse, then you can sue them directly.