Injured My Head and Neck While Working in a Home...

by Nancy
(Harlan, Kentucky)

I was housecleaning for a woman that I usually clean for once a week. I finished cleaning and she asked me if I wanted a fire place. I said sure she said she'd show it to me. It was in the top of her barn and I didn't know that I had to go up a set of stairs (I'm totally afraid of heights).

I was going up the stairs and had my hands on the steps, hanging on to each step. I came to the top and then had to go through a little hole to get inside. When I stood up I hit a board right on top of my head and for a second it kind of blacked me out. I thought it knocked me out but I got my sense back. She ask me if I was okay and she was laughing.

I told her I wasn't okay, I had hurt my head and felt pain in my neck (like I stubbed my head down between my shoulders). It really hurt and gave me a horrible headache, backache and my neck was killing me.

I left and went straight home, got my mother and went to the ER. I was in a lot of pain. They put a neck brace on me and gave me x-rays. They said I took one hard hit to the head and I had all kinds of muscle spasms happening in my neck. They gave me tylenol and sent me home told me to see a doctor the following week.

I didn't go to the doctor because I thought I was okay, but now I keep having headaches and my neck is still killing me. I can't sleep and the pain goes all the way down to my back.

I'm going to see the the doctor again. There is something going on with my neck/back. I am somebody that hates medicine and I have taken more tylenol and motrin in the past few weeks then I ever have in my life. I can hardly do anything physical anymore because of the pain in my neck.

Can I file a personal injury claim against their homeowners insurance or do anything else to get compensation for these injuries and the extreme pain this has caused me? Thanks.

Visitor Question:
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ANSWER for "Injured My Head and Neck While Working in a Home...":

Nancy (Harlan, Kentucky):

You don't have to file a lawsuit against your employer. Instead go ahead and contact her. Tell her your injuries are persisting and you have already incurred medical costs and expect to incur more in the near future.

Ask her to give you the name of her homeowner's insurance company. Contact the company and file an injury claim. Once you do, an investigation by a Clams Adjuster will be initiated. The Claims Adjuster will probably want to take your recorded telephonic statement. That's perfectly normal.

From there you can negotiate a settlement for your injures and the resulting medical bills. Once your medical bills are reimbursed, and you have healed sufficiently, ask the adjuster to close out the case and add to the medical reimbursement an amount for your "pain and suffering."

A good starting point for pain and suffering is to multiply your medical bills by at least 3x. So for example, if your medical bills amounted to a total of $500 dollars, your starting point for a total settlement should be in the neighborhood of $2000 dollars.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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