If I was injured at work which resulted in a torn bicep tendon and I just had surgery to repair it, am I entitled to a settlement?
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If I was injured at work which resulted in a torn bicep tendon and I just had surgery to repair it, am I entitled to a settlement?
Should I get an attorney.
Asked on July 31, 2012 under Personal Injury, Florida
Answers:
Micah Longo / The Longo Firm
Answered 11 years ago | Contributor
Yes you should get an attorney. In Florida, if you are injured at work, generally your only remedy is workman's comp.
However, I would ask more details on the mechnism of injury to determine whether or not there is any 3rd party liability.
For example, were you injured using a piece of equipment that was defective? Then you may have a claim against the seller and/or manufacture of the equipment under a product liablity theory.
Robert Slim / Robert C. Slim - Attorney at Law
Answered 11 years ago | Contributor
It depends. In Texas, if the employer was a subscriber to the Texas Workers Compensation Act ("The Act"), then your rights are strictly governed by those rules and regulations. If your employer was not a subscriber to The Act, then you may pursue common negligence claims against your employer (if the facts support a claim of negligence).
Feel free to call me for a free consultation. I can be reached at 214-321-8225 days, evenings, weekends.
Leigh Anne Timiney / Timiney Law Firm
Answered 11 years ago | Contributor
I would suggest that you get an attorney. Laws from state to state vary so it is in your best interest to consult with a workers compensation or personal injury attorney to find out what your rights are with respect to both a workers compensation claim and a personal injury claim.
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