I was on top of a building, supposed to have another person up there with me helping clean but no one was there. The hose for dust was slipping off so I went to grab it, and to prevent myself from falling and possibly dying, I jabbed my knee under the railing.
Now my knee is swollen, sore, and hurts every time I walk. I use a brace while I work now, but it doesn’t help anymore. The accident happened about a week ago and I didn’t fill out an accident report at the time.
Now I’m being told I need surgery for my injury. Can I get paid for time lost? What can I do about my job and the medical bills?
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
If your company carries workmans compensation insurance contact your supervisor and report your injury. Your supervisor should put you in contact with the workmans compensation carrier’s representative.
Report the injury to the Claims Adjuster. Explain the details of your injury and ask to be sent to one of the company’s approved doctors. That doctor will evaluate your injury. She will also decide if you need to be referred to a specialist, in your case an orthopedic surgeon.
From the facts you present there doesn’t seem to be any issue about liability. You were working for the company when injured. Whether the company should have had additional employees up on the roof with you isn’t that much of an issue. Whether there was just you or 100 others, the point is you were injured on the job.
Once you begin the compensation process you may be entitled to receive a majority of your salary during the times of your treatment and recovery.
On the other hand, if you worked for an employer who was exempt from workers compensation requirements, or who didn’t carry insurance at all, you will probably have to deal with the owner of the company. That could be a problem if the owner wasn’t sufficiently insured, or if he wasn’t insured at all.
If things don’t go well you can always seek the advice and counsel of either a workmans compensation attorney, or a personal injury attorney. Hopefully that won’t be necessary.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.
Best of luck,
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