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I have recently injured mysef on the job, suffering a herniated disc. I am thinking of obtaining a workman's compensation lawyer. I am currently being treated and have not returned to work. Can an individual, thru a workman comp lawyer, sue for pain and suffering?
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October 27, 2007
Dear Prospective Client:
Whether or not you can sue for pain and suffering in connection with an accident that occurred in the work place depends on who may have been legally responsible for your accident.
I may be in a better position to advise you after speaking with you and acquiring more information from you.
Kindly call my office in White Plains on Monday, October 29, 2007, to discuss this matter further. If I am not in when you call, please be sure to leave your full name and all telephone numbers with my secretary or on my voicemail.
Very truly yours,
Ken Busman
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Most on-the-job injuries entitle you to worker's compensation benefits which include payment of your medical expenses (without your having to pay co-pays) and wages (potentially up to $600 per week) for missed time from work. You are not entitled to pain and suffering for a worker's compensation claim. A worker's compensation firm can help you through the claims process.
Our firm, Clark, Gagliardi and Miller, does not handle worker's compensation claims. We do handle personal injury suits. What's the difference? A lawsuit can be filed against someone other than your employer or co-worker and, unlike a workers compensation claim, you can recover for pain and suffering in a lawsuit. It is possible that you could file both a workers compensation claim and a personal injury suit, depending on what happened to cause your herniated disc. For example, if you were driving for work and involved in an accident, you could file both.
Please also note that there are statutes of limitations which, after a time (it varies per case), will bar any lawsuit you could have filed. If you believe that someone other than yourself or a co-worker caused your injury, then you may have a personal injury suit. If so, please call me to discuss or reply on Zoomnia. My name is John Rand and my number is (914) 946-8900. Please note that our firm is not your attorney until we have met and agreed to represent you.
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I agree with Mr. Rand of Clark, Gagliardi, Miller but would emphasize that although my firm does not do Workers Compensation cases, we have dealt with related matters enough to advise you that:
1- If this is a Workers Compensation claim and it may or may not be, time can be very sensitive, thus you should not delay in seeking a resolution of this question &;
2- cases turn on very minor fact differences thus you should speak to someone about this matter specifically.
I hope this helps answer your question. Please feel free to call if you wish to further discuss the matter. Hugh Jasne (914) 997-1212
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