Workers Comp Lawsuit

Can You File A Workers Comp Lawsuit Over A Food Allergy?

New postby Lore » 29 Oct 2012, 16:15

At my former job we had a lunch provided by the store manager in celebration of Christmas a few days later. I asked if the food contained any of my allergies (pecans, walnuts, and mushrooms) and he told me no. I ate the chili without incident. When I ate the brownie afterwards I found there were a few walnuts in them. I spit and threw up what I had digested, but still had a reaction anyways. I went to the hospital for the rest of the day without pay. The medication was covered under worker's comp, however there is the issue that I lost work time and got docked for it. Do I have a valid lawsuit?
To clarify some of the comments:

Yes, I was at work at the time.
Yes, I asked if the brownies had nuts, I was told no.
There are no longer my employer, I left 2 months ago.
The brownies were baked by the manager's girlfriend, so they were made from scratch.
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New postby Tonie » 29 Oct 2012, 16:15

I'm not sure worker's comp is the way you want to go with this. Just because you are injured at work, doesn't make it a "work related injury". It never hurts to file a claim, but eating a holiday dinner is not normally considered a work related injury. Your manager did, however, tell you that the food contained none of your allergies - which it clearly did. His negligence resulted in your injury, missed work, medical bills, etc. You may have a small claims or personal injury case, rather than worker's compensation. Speak to an attorney (one with a free consultation) regarding the details.
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How much can i get from a workers comp lawsuit back injury..

New postby Dagny » 29 Oct 2012, 16:15

How much can i get from a workers comp lawsuit back injury with a pinched nerve and sciatica? How much can i get from a workers comp lawsuit back injury with a pinched nerve and sciatica?
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New postby Clemmie » 29 Oct 2012, 16:15

1st thing is to get the best medical attention you can...back injuries only get worse as time goes by. 2nd get a lawyer who deals with workers comp and follow his/her instructions. The Insurance carrier for your employer will try and force you into a settlement to thier likeing. You are entitled to a comp lawyer at no cost to you....get one now..The lawyer will get you a more than fair settlement.
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How long does it take for workers comp lawsuit?

New postby Tama » 29 Oct 2012, 16:15

How long does it take for workers comp lawsuit? How long does it take for workers comp lawsuit?
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New postby Chantell » 29 Oct 2012, 16:15

It took me three years to get my settlement. it depends on how many times the other side appeals it.
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Workers comp. lawsuit question?

New postby Cheri » 29 Oct 2012, 16:15

My fiance developed a repetitive stress injury due to the work requirements of her job. Went to an orthopedic doctor and received treatment (surgery to her left arm) After being released to full duty by her doctor she worked around 2 weeks doing the same job as before which involves a heavy load of typing (around 6 hours straight per day with breaks in between) and noticed that her arm was acting the exact same as before and scheduled a follow up with her doctor who informed her that she would have a permanent physical impairment forever and stated in the work release "no typing - permanently" at which point her job put her back on leave and has started talking about termination of her job which she can no longer perform. now my question to the people who have been in this kind of situation before is what kind of settlement should she expect out of this situation or is it impossible to give a ballpark figure? We live in TN for those that know the laws (which i dont lol)
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New postby Cordell » 29 Oct 2012, 16:15

If you don't know the laws, you need a lawyer not a quick answer from Y!A.
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What is the biggest lawsuit ever gotten from workers comp.?

New postby Salvatore » 29 Oct 2012, 16:15

What is the biggest lawsuit ever gotten from workers comp.?

What is the biggest lawsuit ever gotten from workers comp.
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New postby Modesta » 29 Oct 2012, 16:15

Since workers comp is run by the states this would be difficult to answer. Moreover, the amount of the awards is not kept in a manner that would allow this determination.
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What is the cap on workers comp lawsuits in Colorado?

New postby Miquel » 29 Oct 2012, 16:15

What is the cap on workers comp lawsuits in Colorado? What is the cap on workers comp lawsuits in Colorado?
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New postby Rachele » 29 Oct 2012, 16:15

I don't know but MT is 36 mos....but everyone forgot to tell me that. and they didn't even warn me by saying this is your last month. This was 4 years ago and that is still fresh in my mind.
They have no spitting on the sidewalk laws still on the books,\
and nothing about a 2 second warning for W/C. I am still wondering how I got my family through that year. I am obviously still p_issed off so I better write a letter to my congressmen again lol. I hope you are asking because you are just getting checks...not because you are wondering how to feed your family. good luck and I do have some Ideas so e-mail me for support. good question. feel better.
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Worker comp lawsuits against drummond coal cmpy?

New postby Georgine » 29 Oct 2012, 16:15

Case status jimmy king law firm
case status of gary farrior,s work comp suit against drummond coal company
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New postby Patrina » 29 Oct 2012, 16:15

Good luck. Workmans Comp. suits are not as easy as people think.
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