Other Legal Claims
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The Law Offices Of                                 Telephone:        (719) 596-8900
Richard E. Falcone                                  Fax:                   (719) 596-0086
3510 Galley Road, Suite #110               
Colorado Springs, Colorado  80909

 

 

Legal Claims Which May Come From an On-the-Job-Injury

At the Law Offices of Richard E. Falcone we come across other claims people have which seem to arise from work injuries.  It is quite important that each person review their specific legal situation for all claims which pertain to them.

                                                    Social Security Disability
                                                    Wrongful Termination
                                                    Bad Faith
                                                    Americans With Disabilities Act
                                                    Third Party Actions


   Let's take an example.  Joe Jones works at the Widget Assembly Company.  While operating machinery to bolt widgets together he pauses the machine to clear the area but the machine slips and severely hammers his hand.  His boss is upset with him and tells him not to file a workers' compensation claim or he'll be fired.  Joe can't work. He files.  He is fired and told to forget about it--now that he's no longer working there he is not entitled to workers' compensation.  Correct??  No way!!  Joe has a valid workers' compensation claim with good benefits.  However, Joe may also have other claims here.   In Colorado if you are terminated for filing a workers' compensation claim that could be a wrongful termination claim.  It is separate and in addition to his work injury claim.  Are there any other claims here??   Yes, Joe may have what is called a third party claim. The machinery he was using may have been defective.  This could mean Joe can file another claim against the manufacturer of the machinery.   Also, what if Joe's injuries prevent him from ever working again?   In that case, Joe may be able to file for social security disability.
   Let's briefly review other legal claims which may arise from a work injury case:

                                     Social Security Disability

    This federal law covers those unable to work based upon health problems (work related or otherwise) and here your age works for you!!   The older you are, the better your claim may be.  You may obtain information from any Social Security Office.  However, there is one site that provides an enormous amount of helpful information and tips.  Please feel free to check it out-- www.nosscr.org/faqind.html

                                     Wrongful Termination

    Do not assume that if you are replaced that it is automatically a wrongful termination.  This field of law is quite complex so the best way to explore your rights and answer your questions is to consult with an attorney experienced in this area.  We'll be happy to provide you with a list of attorneys who have indicated to us they will be available for consultations.  Call us at (719) 596-8900 or E-Mail us at workcomp@usa.com

                                               Bad Faith

    This type of claim may arise when the insurance is grossly negligent or reckless in its treatment or handling of your claim.  As an example, say the insurer fails to pay for your needed surgery to recover from your job injury.  You receive a $10,000 bill, it goes to collection and you request they help you.  They tell you that they are not going to pay, even if ordered to pay and will never pay it.  You are distressed, your good credit is being ruined, and benefits are being deliberately withheld.  Bad Faith??  Don't laugh though, bad faith cases do happen and a claim could be sizable.  It could mean punitive damages are assessed against and insurance company.  After all if you do not punish with a sizable penalty how can such abuse be stopped?  Seriously, bad faith claims require a very careful legal assessment.  See a lawyer in this field.   Call us at (719) 596-8900 or E-Mail us at workcomp@usa.com for a list of attorneys who handle this type of claim.

                               Americans With Disabilities Act

    Anyone injured or with health problems may have the protection or recourse of the federal Americans With Disabilities Act.  This law protects those who are discriminated against because of a disability or perceived disability.  Need more info??  Check out this site: www.ada-infonet.org.  Or contact your nearest Equal Employment Opportunity Office.

                                      Third Party Actions

    Remember the earlier example about Joe Jones?   Often a workers' compensation claim may be grounded in another civil claim. One very common situation:  You are in your car delivering an item for your boss and you are rear ended.  Worker's compensation??  Yes!!   But also you may wish to pursue a personal injury claim for the auto accident.   How do you figure this out??  You don't.  Call an attorney who handles personal injury claims or workers' compensation claims.  This is far too complicated to handle yourself!

The point is, always ask if you may have other claims.  Even if your attorney cannot handle it he should be able to recommend someone who can!

 


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