What to do about an out-of-state workers compensation claim?

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What to do about an out-of-state workers compensation claim?

I live in FL, work for a comany based in WI, and was hurt on a job in IL. In the 2 months since I was hurt I have seen 1 MD and 1 spine specialist who recommended 3 very expensive injections. Workers compensation called and cancelled my appointment saying that the injections were inappropriate. Now they want me to fly to WI to see doctors of their choice. Can they make me do that? Also, can I sue my supervisor for negligence if my injuries are a result of him forcing us to work in severe weather that caused my injuries, even after he was warned that the weather was coming?

Asked on November 23, 2010 under Personal Injury, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You have a typical workers compensation scenario that will require you to get yourself to a workers compensation employee friendly attorney immediately. If you are injured, you cannot be forced to fly or drive to another state simply because the company's corporate headquarters are based there. This is like telling the court that simply because you as an employee got into a car accident while on the job in Illinois, you must use Wisconsin law. It doesn't work that way and I wouldn't fall for it because the employer may come back and say since you are able to travel you are not truly injured.  Further, you might indeed be able to sue your employer for negligence, but watch out because you could have just as easily said no. In other words, try to think from the other side and see what defenses they come up with to deny your claim.  Your lawyer though will be able to help you sort all of this out.


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