AboutDoctor Settlement Expertise 27 years of front line plaintiff`s trial lawyer experience in PERSONAL INJURY INSURANCE CLAIMS. Along with other attorneys and insurance adjusters, we have created a website to help injured people settle their own personal injury claims. With the help from feedback from hundreds of satisfied members, www.settlementcentral.com has become THE AUTHORITY for Internet personal injury insurance claim settlements. I am humbled and honored if people can benefit from my experience and current volunteer work in helping injured people. I hope I can explain things in a manner that is useful for the questioner. If not, do not hesitate to e-mail me and I will take a second shot at it! Best Wishes for your physical and financial recovery.
Experience
Life Experience: 27 years of front line plaintiff's trial lawyer experience
Organizations: American Trial Lawyers Association (AAJ)
Washington State Trial Lawyers Association
Awards and Honors:
I am humbled and honored everytime I am selected to help injured people. And when people give feedback that they have benefited from my experience and current volunteer efforts, then that is a double honor and award for me.
Question I am an employee at a California Public School. I walked into a room at the school, didn't know the floor was wet having been recently mopped. I slipped, twisted my knee and fell. This happened five weeks ago and it still hurts when I bend my knee. I reported the injury right away to our district office and filed a workers comp claim the day after it happened, have seen doctors weekly, had physical therapy, which did not help and recently had an MRI which indicated a MCL sprain. I'm hoping time will heal the pain I feel when I bend my knee. Might I be eligible for any kind of compensation for all of the pain and anxiety I've been dealing with? The custodian did not have any sign up that said the floor was wet and frankly I'm very angry I've had to deal with this.
Answer Hi Marie,
No, there is no cause of action versus a fellow employee or your employer. That is the bargain that was made in all states when we adopted the workers' compensation system around the nation.
We, in each state, agreed to forego any tort action versus fellow employees and our employer in exchange for a system with sure payments for medical and wage loss. The only exception is if the employer was willfully or grossly negligent, and that is not the case here
No, pain and suffering and loss of enjoyment of life are NOT compensable damages in the workers' compensation system. .
There is one other possibility: what if the custodian is NOT employed by the school district, but instead perhaps he is employed by some contractor? In that case, you might possibly have a cause of action versus the custodian and the employer, since anyone injured on the job by a third party (NOT a fellow employee) does have a tort claim.
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