Legal Question in Workers Comp in New Jersey
My dad is paralyzed and lawyers say we have no one to sue
my dad was paralyzed in a motor vehicle accident while he was on the job...his job required him to move from town to town frequently as a passenger in a van. Due to the driver of the van making an attempt to catch an exit he had already passed and weather conditions the van crashed into a tree. that was a year and 6 months ago workers comp has paid all expenses for med treatment, pay him every two weeks what HE WOULD HAVE MADE, has also built an addition on house for him, but with all that my mom is still struggling with mortgage and other payments and my dad is literally going insane(he's seeing a shrink and taking medicines)isnt there something that can be done for their pain and suffering, I mean our lives have been severly affected, and all the lawyers say there is no one to sue because of some catastrophic injury law, and he would have been better of breaking a arm.
4 Answers from Attorneys
Re: My dad is paralyzed and lawyers say we have no one to sue
There is definitely a law suit to be filed. The driver of the van can be sued for negligence. Also even though workers comp is paying the bills salary etc. a claim petition can still be filed for the injury itself. Please contact me at 732-286-2170 to discuss the case further. Please call right away so that any statute of limitation problems can be addressed by my office.
John
Re: My dad is paralyzed and lawyers say we have no one to sue
your dad should be receiveng 2/3 rds of his pay. In addtion he is entitled to permanancy award based upon his disability as well as SSI.
As to any other claims, if the driver was a co-employee, he cant sue him. Did anyone look into a malfunction of the vehicle?
Re: My dad is paralyzed and lawyers say we have no one to sue
It sounds to me that your father has a very good claim for Total Disability under the New Jersey Workers Compensation Law. There may also be a claim for third party negligence, but in general if he was a passenger in a company van that was involved in a one car accident then his only claim would be in workers compensation. The claim for total disability in workers compensation is in addition to the payments and other benefits your fatheris currently receiving. I don't believe there is such a thing as a "catastrophic injury law" that would prevent your father from getting total disability from workers compensation. He is also eligible to apply for social security disability. I am an attorney that handles workers compensation, social security disability, and negligence cases. I believe that you need an experienced attorney in those fields to fully review your father's case and to discuss it with you. Please call me at 908-272-0111 for a free consultation to discuss your father's terrible injuries. Please also remember that time is running very short for him to file his claims. There is a two year statute of limitations for filing claims in both workers compensation and in automobile negligence cases. Thank you.
Re: My dad is paralyzed and lawyers say we have no one to sue
I have never heard of a catastrophic injury law and therefore I am not sure why several lawyers would say there is no case. I highly recommend that you make an appointment with me to discuss the details of the case. Your father is most likely totalled (totally disabled) and therefore will receive workers compensation benefits for life, including medical benefits and medications. He should have applied for Social Security by now. Depending on the facts of the case there may be a Third Party, these cases are fact specific so I would need to explore the facts before reaching a decision. You should immediately consult with other counsel before the 2 year statute of limitations runs and you will be forever barred from bringing an action to recover damages.
John M. Pinho
(973) 344-0808
www.DaSilvaPinho.com
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