Could anyone suggest a lawyer for me

[Mecca]

I need a good personal injury attorney. My job where I got injured is being very evasive about wanting to give me workman's comp. My injury will require therapy and possibly surgery so I need that covered I also could sue the homeowner where this happened. I'd appreciate any help from you guys.

[alnorth]

Originally Posted by GordonGekko

What?

Someone who comes onto your property without your knowledge, let's say you are at work and it ices up while at work, and somebody delivering unwanted items to your doorstep without your knowledge slips, you are responsible for that? Dang...

Another reason not to own a home in America right now.

If you fence off your front yard, put a lock on it, and a sign saying no trespassing, then maybe. But if you provide the world with a sidewalk across your yard and to your door, then you have a duty to make sure that sidewalk is safe. The morning after an icestorm maybe you are OK because the law doesn't expect you to rush out there ASAP, but after a day or so if you just let the ice sit there making your sidewalk dangerous, then its on you if someone slips.

edit: your specific scenario, you probably aren't liable. You are not expected to take time off work and rush home to de-ice it, but you do have to fix it in a reasonable amount of time.

[Molitoth]

Karma will get you back someday if you decide to sue.

Pussy.

[Simply Red]

I'm so confused now. thanks brad.

[Sure-Oz]

Originally Posted by Molitoth

Karma will get you back someday if you decide to sue.

Pussy.

[Molitoth]

In America it's always someone else's fault.

[Skyy God]

Originally Posted by Mecca

Yes tore my hamstring, I have to see an orthopedic surgeon for it.

Have they paid for any treatment?

[GordonGekko]

Originally Posted by Rausch

No.

The family's homeowners paid for (some of) it and they sold their home and moved.

IIRC it was an elderly lady's home...

Oh ok. I was thinking government mailman = taxpayer problem. Sucks for the homeowners then. Dang.

[Boise_Chief]

I have been thinking about this this morning and you may need to have some representation. My reasoning is that WC will probably only cover you for lost wages at your pizza job. It isn't likely that it will cover any losses on time for your regular day job.

The issue with having a personal injury lawyer is that they will always go after huge damages so that they can be paid as much as possible. I think you should have some responsibility. I'm sure you knew that it had the real possibility of having slick areas while you are out delivering.

[alnorth]

(public service announcement)

Oh, and by the way coming from the P&C insurance industry, I can tell you all that liability insurance is dirt-cheap. If your homeowners insurance is only 100k and you don't want to buy an umbrella policy, at least look into bumping your homeowner liability to 300k or 500k, it might only cost you about $10-20/year. I only paid $13 to go to 300k. Its that cheap because liability claims on a homeowner policy are VERY rare. Obviously increasing liability on car insurance costs a bit more than that, but for crying out loud don't carry the state minimums, at least go to 100k on auto.

(/public service announcement)

[Oxford]

Originally Posted by Mecca

Yea they didn't salt their steps or sidewalk and their neighborhood has no street lights, I fell on the ice causing this. Not to mention I laid in their front yard in the snow for 15 minutes before they ever opened the door then they didn't even offer to help me up.

First of all I'd contact the homeowner for insurance information, contact the agent and tell him that it your intent to file against the homeowner for medical. If this is a 2nd job, contact your HR department at your 1st job and ask them who represents them in slip and fall injuries.

[Skyy God]

Originally Posted by Dartgod

OK, let me rephrase.

The employer can chose not to comply, but state laws require that they do.

The statutory language is treatment as may reasonably be required. Generally judges define that as whatever the doctors recommend, but that doesn't mean adjusters have to voluntarily comply.

Originally Posted by mikeyis4dcats.

true, but in the absence of WC, they must cover the employees medical costs as if it was WC.

Sure, but practically speaking, if an employer doesn't have WC coverage, there's a high chance of financial instability.

[Skyy God]

Originally Posted by Oxford

First of all I'd contact the homeowner for insurance information, contact the agent and tell him that it your intent to file against the homeowner for medical. If this is a 2nd job, contact your HR department at your 1st job and ask them who represents them in slip and fall injuries.

Uh, no. "Filing for medical" against the homeowner's carrier consists of them eventually paying the bills if it's an accepted claim. It does nothing to help Mecca get tx in the first place.

Second, employers generally don't have their own WC lawyers, they're hired by carriers. And he needs a plaintiff's lawyer, not defense.

[OrtonsPiercedTaint]

If you get hurt on the job you want to be taken to the emergency room. Unless it is life or death otherwise hell no. Then the state steps in, Missouri anyway

[alnorth]

Couple more tips. Do not settle until all medical bills are in and the doctors pretty much tell you thats it, all the treatment and rehab is going to cost $X, nothing more. If you settle too early and more bills come in, you are screwed.

Also, if you get a settlement offer on your own and then you go to a lawyer, you may want to tell the lawyer "hey, I'm able to get $X without even hiring you, will you work for a percentage of whatever you can get above $X?"

[Skyy God]

Originally Posted by alnorth

Also, if you get a settlement offer on your own and then you go to a lawyer, you may want to tell the lawyer "hey, I'm able to get $X without even hiring you, will you work for a percentage of whatever you can get above $X?"

In MO comp this is mandatory, assuming the offer was filed with the state.