Montana Delivery Man Can Sue Negligent Store and Receive Workers Compensation

Question: Can my husband sue if he fell at a business and hurt himself but he was on company time?
Question Detail: Husband fell at this business that they didn't keep clear of ice and snow and when coming out the door he fell forward and landing on his knees. This company took picture and they admit fault but just gave my husband a card with the store number on it and said corp. would call him in 24 hrs. Here it is a week later and still no phone call but he was working at the time so he had to call safety and report it and he took a day and half off of work but didn't feel like he needed to go to the Dr then. His knee is still killing him please help what should we do and can we sue this company where he fell.

ANSWER:  Your husband should file a workers compensation claim with his employer if he was working.  He can also pursue a case against the business that didn’t clear the ice.  That is called a third party claim.  Two claims is complicated and probably justifies have an attorney handle the claim if it is serious. 

CAN OFF-THE-BOOKS BOUNCER GET COMPENSATION FOR NECK STABBING?

Question: How and what kind of lawsuit can I file for being stabbed in a bar?
Question Detail: I was a part time under the table bouncer I went to work and the head bar tender told us bouncers that security would not be needed I stayed for a while and a fight broke out we broke it up and another fight started there was no security on duty and I got stabbed in the neck. I have no insurance what can I do?

Answer:  You should call my office or another lawyer who specializes in workers compensation cases.  I think you would be covered by the bar’s policy.  You need to take action immediately.

Thomas C. Bulman

Senior Attorney

Bulman Law Associates PLLC

Montana's Health & Safety Law Firm

416 E. Pine St. P.O. Box 8202

Missoula MT 59807

1-800-272-7744

(406) 721-7744

Fax 406 728-9362

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Montana Workers Compensation Claimant Should Not Settle His Claim

Question: What kind of attorney do I need to have for a forklift tire explosion accident, personal injury or worker compensation?
Question Detail: I have case with worker compensation and attorney with this case but I have a concern because the insurance want to give me a settlement before court day. After that want to close, the claim and I still have problem related with the accident, still have PTSD, chronic headache, ringing ear, PPI right hand, blind left eye and insomnia. My head feel like to blow up after 4 to 6 hour. Everyday I have been awake or doing anything. The settlement they offer is for compensation for one year that what I make when i was healthy. I have medical report but not enough for them to see that I have a problem. Insurance helped me for 8 months. After that they cut everything for controversy. Now I don't know what to do and don't feel right because of company negligence. They didn't provide the trainee and the equipment for this kind the job, even I ask for.

ANSWER:  You are entitled to much more if you can prove the forklift tire was defective.  If you overloaded it or a coworker ordered the wrong tire, then the third party claim would not work.  Never settle the WC claim.  Never.  Take the money biweekly.    Go for Social Security Disability.

Are Shocking Injuries Covered By Workers' Compensation Law?

Question: Can I sue my former employer for an injury due to negligence?
Question Detail: While working for my previous employer I was electrocuted on 2 separate occasions by very powerful currents up to about 800v. Both incidents happened because the rooms worked in were covered in pooled water because there was only one drain in the room which they had been repeatedly told by auditors there needed to be more and the electrical cords being strewn all over the floor even though it had been repeatedly suggested that the cords should hang from the ceiling on some sorry of rack system had also been ignored. Lastly on each occurrence no-one seemed to think it was a very big deal and sort of laughed it off and did not tell me to go to the doctor but just to fill out an "incident and loss form". I also did not go to the doctor because I didn't think it warranted it and I didn't want to miss work. I did was not let go for this but was laid off later.



ANSWER:  If your employer had workers compensation insurance, then no, you can't sue for negligence.  Your work comp claim would be your exclusive remedy against your employer.  If you didn't file a written claim within a year, you may be barred.  What treatment do you think you need? 

Can Montana Work Comp Claimant Get Medical Care Three Years After Falling At Work?

Question: Is there a way to get the worker's compensation to pay to fix this before it gets worse? I fell at work when I was pregnant by doing something a manager made me do that my doctor told me not to (lift and carry something heavy). When I fell, I twisted my back and hit my knee. I was taken to the ER where I was put in a knee brace and released. A couple days later, I saw a worker's compensation doctor who made me do a series of exercises and sent me back to work. Now three years later, my knee hurts badly and my knee is interfering with my everyday life. When I asked my manager I was told it had been too long they couldn't do anything.



Answer:

Probably not, but in Montana, you can claim additional medical treatment for up to 60 months from the point the injury achieves MAXIMUM MEDICAL IMPROVEMENT.  The real problem would be convincing the insurer that they are responsible for additional knee treatment after three years with no claims made.  Either natural deterioration or a new injury are likely legal causes of the need for additional treatment.