Does my girlfriend have an legal rights involving a workman’s compensation case if she was injured on the job butshe later quit?

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Does my girlfriend have an legal rights involving a workman’s compensation case if she was injured on the job butshe later quit?

My girlfriend was injured on the job and has been receiving workman’s comp. benefits for over a year. She has had 2 surgeries with limited results. Also, she may have permanent nerve damage. She was released to go back to work with a 2 lb restriction on what she can lift. Workman’s Comp has not found her a job and they have stopped her checks. Her case worker also informed her that she will not be receiving anything for pain and suffering, and she will not be receiving a settlement. Is there anything that we can do?

Asked on October 8, 2010 under Employment Labor Law, Louisiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your girlfriend needs to seek help from a Workers Comp or disability attorney and consultation from a personal injury attorney. Although she is barred from suing her employer for the injury, you gave no specifics as to what caused her injury and there could be a cause of action against another party.  I would hate to see her stopped from pursuing an action and obtaining a settlement for her injuries because she waited too long.  So go and see an attorney now.  As for the comp claim, she may need to apply for permanent disability and that is something she needs to speak with an attorney about as well.  Good luck.


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