Q: I slipped going into a clients home, did not fall down, but put my arm up to try and keep from falling, all of my weight
momentum forced arm up very hard, my office told me to call Workman Comp and go to the er, been to the dr twice already, no use of the arm, I have not been able to get medication for pain, different story every attempt, I was told that my case hasn't been accepted yet, how can this be right if I wouldn't have been at the residence if I wasn't working, possibly ligament damage or rotator, off work almost 2 weeks already, do I have cause for a case
A: A workers' compensation insurer is allowed a limited time to review a case and determine whether to accept liability. If the facts are as clear as you say they are Iencourage you to contact a workers' compensation attorney ASAP.
A: You may have two cases. The Workers' Compensation claim AND a premises action against the client's homeowner's policy. THE 3RD PARTY CLAIM IS NOT OPTIONAL. If you are not going to pursue a legitimate 3rd party claim, you MUST give that right to the Workers' Compensation carrier WITHIN THE STATUTE OF LIMITATIONS or you could be liable to them. An experienced attorney can expedite approval and otherwise protect your interests with no up-front cost to you.
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