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At my job, a garage door fell on me while I was trying to…

Customer Question
At my job...

At my job , a garage door fell on me while I was trying to close it.. could I still sue even though I didn’t pass the drug test ?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Florida

Lawyer's Assistant: What steps have you taken so far?

No steps, went to the hospital, workers comp where they told me I didn’t pass, so I resigned instead of getting terminated

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Do I have a chance to win or is this pointless?

Submitted: 4 months ago.Category: Legal
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Answered in 3 hours by:
3/17/2018
Lawyer: LegalKnowledge, Attorney replied 4 months ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,413
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Lawyer: LegalKnowledge, Attorney replied 4 months ago

Good morning. Yes, in Monday, you should speak with an employment law attorney and see if you have a basis for a claim, as long as you meet the necessary requirements. The purpose of workers’ compensation insurance is to provide benefits to workers that are injured on the job. Legally defined, benefits are provided if an employee “suffers an accidental injury or death arising out of work performed in the course and scope of employment.” Due to this definition, there are three elements which must exist to have a compensable injury. First, the injury must be an accident. Second, it must arise out of work performed and third, it must take place during the course and scope of employment. If the injury meets all three of these elements, then the employer must file a claim with the insurance carrier. Even though you may have failed, if you were allowed to be working at the time and they had you on a job and you were injured, you may be able to file a claim.

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Lawyer: LegalKnowledge, Attorney replied 4 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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