Injured at work.. do I have a case? Please help

This isn’t for me, I’m asking for freind. Basically my freind hurt his foot at work, he tripped on a forklift. He’s been out of work for two years and had to have surgery. Hes not able to go back work. He also had to fight them to get workman’s comp, they didn’t even want to pay for dr visits. He did get a lawyer but months and months of waiting, they decided to they weren’t going settle. Now they are trying to get a judge rule on stopping WC payments and he was also fired. Does he still have a case here? Any help would be great. I feel like he’s getting treated unfairly.

I'm not aware that there are any lawyers here. Perhaps he should get a free 30 minute consult with another lawyer.

Yeah, I would really ask a lawyer. This is an international forum and you really need to have a lawyer who specializes in this kind of law in the region where you live.

Ask a lawyer in your city.

Yeah, your friend has to get a lawyer because you may not have the full story. If he tripped over a forklift, it was probably his fault, so there wouldn't be a settlement. And after two years, typically a company can let a worker go because there's no chance of him returning to work, and usually they have to get off workman's comp and and get on Social Security Disability. So he has to get a lawyer to explain everything to him and go over his options.

This very much depends on where you are in the world, OP. The legal system varies considerably from country to country.

You are not going to find much helpful advice here, unfortunately, as we don't know the details of his case nor the laws in your jurisdiction. Your friend needs a lawyer.

In the US a good personal injury firm will gather evidence, doctors reports, etc and usually take 1/3 of whatever they recover as payment. There is no upfront retainer.

What does it mean "months and months of waiting, they decided they weren’t going settle."? They either settle out of court or proceed to trial. Unless your friend dropped the case or didn't have a strong enough case that was worth either settling for or going to trial for. Since personal injury attorneys work on a contingency basis, they often don't take cases that have slim chances of winning.

The best thing your friend can do is very careful follow up with his physicians to document the nature of his injuries and ongoing disability. Your friend may need to contact an attorney specializing in workman's compensation cases if he is disputing that. He may also need to apply for disability if the workman's compensation can not be extended.

Basically my freind hurt his foot at work, he tripped on a forklift. He’s been out of work for two years and had to have surgery. Hes not able to go back work.

Izzy I work in the legal field (paralegal) in California, in CA employers are required by LAW to carry workers comp insurance even if they only have one employee.

When an employee gets injured at work, does not matter whether his fault or not, under the law, he is entitled to workers compensation pay (paid by the employer's worker's comp insurance company).

Since your friend's employer/insurance company did not pay it, then your friend needs to talk to a workers comp lawyer.

I obviously don't have all the facts, but from what you have written, sounds like his employer was in violation of the law (by not carrying the required insurance), and your friend is entitled to back pay compensation. Two years worth.

A workers comp case is different from a personal injury case, the laws are different. So advise him to see a "workers comp" lawyer as that is their expertise and can advise him the best.

This is the law in CA, every state (in the U.S.) has different laws, but generally speaking, are essentially the same or very similar.

If you live outside the U.S., then contact a lawyer in your country.

Izzy, again best to see a workers comp lawyer, but in the meantime there is a lot of info on the Internet re workers comp law. And workers comp vs. personal injury.

He "also" may have a case for personal injury, but he would have to *prove* his injury was due to negligence by his employer.

In a workers comp case, it does not matter whose fault it was, by law he is still entitled to workers comp. benefits when injured on the job.

I too tripped over a forklift at work. It wasn't my fault because the driver had parked the forklift leaving the forks raised. If they had lowered the forks (as instructed in their training), I would have passed by without tripping.

That being said, yes, your friend needs an attorney, perhaps one that specializes in both workplace injuries and personal injury. Most of them work retainer free because they take their fee from the settlement.

Izzy, sorry I just read your post again, so your friend was/is still receiving workers comp benefits but his employer is trying to stop them? Can you clarify?

i am not sure how long workers comp benefits last, but after two years, if he unable to work he should apply for long term disability, again best to speak to a lawyer about that.

He may also have a case for wrongful termination, but if he is unable to work, then long term disability is the way to go.

His lawyer sounds incompetent, advise to see another one who is more knowledgable about these things and can advise/help him properly. A lot of quack lawyers out there unfortunately.