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  1. #1

    Default Slip & Fall

    I would like to know about my rights in Colorado regarding "pain & suffering"
    I fell at work and tore my left shoulder rotator cuff.
    The medical bills are being taken care of by Workman's comp. but I have been reading about this particular injury and am discovering the recovery time of the healing process is possibly a lifetime.
    I may never have the same range of motion in my shoulder as I did before the fall.
    I understand that "negligence" must be proven in order to file a suit when workman's comp is picking up the bill for the medical costs.
    The case seems pretty solid.
    I have evidence of an e mail sent to the safety director about a month prior to the fall.
    It noted the exact area of concern as a safety hazard and the potential for a serious accident.
    Nothing was done. Can I receive any kind of compensation for the "pain & suffering"
    Thanks for the replies.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Slip & Fall

    As a general rule, worker's compensation is supposed to be the exclusive remedy for a workplace injury, meaning that you cannot also bring a suit for "pain and suffering" against your employer. There are unusual circumtances, such as where an employer intends the injury, that it may be possible to bring a suit against the employer. It may sometimes be possible to bring a lawsuit against a third party - somebody other than the employer or a co-worker whose negligence caused or contributed to the injury.

  3. #3

    Default Re: Slip & Fall

    Thanks for the info.
    What about State Disability?
    Does that come into play anywhere in this kind of scenario?
    What if this does become a permanent type of injury
    limiting me to a life of limitations that would not have been if no fall had ocurred?
    Thanks..

  4. #4

    Default Re: Slip & Fall

    WC usually pays out a lump sum for a permanent disability. Your state's WC board can give you the info.

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