Legal Question in Personal Injury in Alabama
I was injured on the job, on june 2010, It was my neck, and now I have a plate in my neck, on the right side, vert c3 and c4, I am back at work but still have a lot of pain, but the doc said im ok, I have heard that the state that I live in, because Its my right side and its above c5, that the employer has to pay me for life, The doctor that fixed my neck, did give me a empairment rateing, and my employer knows about it, They have not even offered me any kind of settlement, I want to know do they owe me for life even if I didnt work there . I still work there and have been back since 12-2011, The doc would put me on light duty, but my job dont let you work light duty, So I am there still working in pain.
2 Answers from Attorneys
Our firm does not primarily handle workers comp cases, but yes, it would appear you are owed a lump sum settlement of weekly wage benefits for your permanent partial disability rating related to your on the job injury. Yes, unless you elect to "close out" future medicals for a one time payment (generally not recommended) then the workers comp insurance carrier will be responsible for your future medical care. Your post did not say how you were injured but if the injury was due to the negligence of a third-party (someone other than your employer) you may have a third party liability claim agaisnt the at-fault or responsible party for additional damages not provided under workers comp. (Note: Generally, under Ala law you are stuck with the wage/medical benefits of comp even if your employer was negligent in causing your injury .) I would agree with Mr Ford's recommendation that you consult an attorney. I am a member of a Statewide list serve of personal injury attorneys in Alabama and if would like, I can try and help locate an attorney for you to consult with in your area. Just send me an e-mail at [email protected] with a summary of how you were injured, where you were injured and the location of your employment at the time of injury and I will forward your e-mail to the Statewide listserve to see if I can help you find an attorney in your area. (no charge)