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In a personal injury case, how can I get future medical bills covered?

Question by Musicman: In a personal injury case, how can I get future medical bills covered?
First, the accident: A construction company built a house on a corner lot. They laid sod. One day, I was walking my dog at the edge because there’s no sidewalk. I stepped on a square of sod and immediately sank thigh-deep in a hole. I caught myself on my elbows and messed up my back.

The physical problem: I didn’t think much of the possibility of being hurt. I’ve never had any problem that didn’t fix itself. But, later that day, my back tightened up a little. The next day, I was doing something I usually do with ease, but was feeling fatigue and pain in my lower back early into the activity. Then, I realized that I was having trouble doing very simple things like walking for more than 15 minutes, cooking, washing dishes, etc. I start having fatigue in my lower back that quickly becomes pain. A few weeks after the fall, my back started hurting so bad that it put me on the couch for about a week. Just standing up from the couch couldn’t be done without screams of pain. The pain was bad enough that a few firsts occurred.

1. I was unable to go to work.
2. I took medication for back pain.
3. I got pain meds from friends.
4. I actually went to a doctor for back pain.

The medical side: I racked up a few bills looking for relief, but nothing major…less than $ 1,000. The latest thing was an x-ray that showed nothing. Of course, there’s something wrong in there, but we have to do some looking to find it. The doctor said the x-ray may show it, but probably not. However, at $ 300, it’s the least expensive procedure that could show what’s wrong. He says what I really need is an MRI. And, that’s just to find the problem. Then, there’s the expense of fixing it. Here’s the problem with all that. I have no insurance, because I can’t afford the premiums (or the copays, deductibles, etc.). Since I can’t afford that, I definitely can’t afford all the stuff that needs to be done! I shouldn’t have to pay for it, anyway!

The legal problem: I called a few lawyers. Only one would even call me back. He called to turn my case down, but at least he told me why (and also why the others didn’t even bother to call me back). He said that I can only ask for the construction company to cover what I’ve already spent. So, there wouldn’t be enough money involved to call in a lawyer. He said it wasn’t worth his time and effort. He said the best thing to do would be to go ahead and get everything done, then sue, because my case is a winner. But, I can’t afford to do that.

Surely, there must be some way a judge can say that the company has to cover whatever medical costs arise as a result of my injuries due to their negligence rather than just saying they have to cover what I already spent. If not, we have a case where the company gets away clean unless I have the means to cover the costs on my own. I have a hard time believing that whether or not the company has to be responsible for negligently causing injury hinges on the victim’s ability to foot the bill until they go to court.

So, how can I get a judge to say, “Construction Company, you messed up and injured this guy. Now, you have to pay to fix him. He can’t pay for it, but he didn’t cause this problem.”?

Best answer:

Answer by sweet.caroline
Have you reported to the construciton company that you have been harmed from their laying of the sod? They need to be aware that there is a problem and you report it. You will have a period of time in which to file your claim and it must be filed by that time.

If you wait then you will know more about the injury. Courits will not just give you a come back and collect anytime ruling. If you can fix how much damages there are and how much pain and suffering you have then you can sue for that and hope it will cover future bills.

Are the attorneys you went to specialized in personal injury? Be sure you go to one that is. I would think that they could calculate moe of the expenses you would incur but it may be that they need more specifics about your injury first.

Find a good attorney and then depend on him or her. Evidently at this time, it would be better to cover the costs yourself (do you have insurance?) and collect later. You may be able to try to settle with the company. One problem you can have with construction companies is that they go out of business. is it s company and owned by one person or more than one person? If it is one person, then when he doesn’t work, you don’t work. Are they insured? You could check into that or attorney could. Still you woul dhave to be looking at a flat figure. It should also cover pain and suffering as well as medical expenses. I am wondering if your attorney is a personal injury attorney. Good luck to you.

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2 comments - What do you think?  Posted by - February 19, 2011 at 6:12 pm

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Are You Covered? Florida Workers Compensation Information

Are You Covered? Florida Workers Compensation Information

Are You Covered? Florida Workers Compensation Information


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Home Page > Law > Health and Safety > Are You Covered? Florida Workers Compensation Information

Are You Covered? Florida Workers Compensation Information

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Posted: Jul 18, 2010
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Are You Covered? Florida Workers Compensation Information

By: Joseph M. Maus

About the Author

South Florida Attorney Joseph M. Maus and Associates has been helping victims of injuries and accidents for close to 17 years. The firm prides itself on having the resources and experience of the largest state-wide law firms, yet providing individualized attention to each and every client.

(ArticlesBase SC #2850795)

Article Source: http://www.articlesbase.com/Are You Covered? Florida Workers Compensation Information





We all feel confident that we’ll be taken care of if we are hurt on the job. After all, laws have been put in place to protect workers, right? Not always! The Miami Herald reported recently that 24 firms in South Florida were closed down due to violations of the Florida workers compensation laws. These closures were part of a state-wide sting operation that led to the closure of 70 businesses across the state. Through random visits to the companies, officials found that these firms had failed to provide workers’ compensation insurance for their employees.

 

Assuming you are covered by your company, there are still many details and rights to be aware of when filing a Florida workers compensation claim:

To avoid the risk of having your workplace injury claim denied, report it to your employer as soon as possible, but no later than 30 days after the injury occurs.
After you report to your employer, they are required to report your injury to their insurance company within seven days. The insurance company must give you an informational brochure that outlines your rights and responsibilities concerning your injury.
Section 440.185 of the Florida Statutes gives you the right to report your injury yourself if your employer will not report the injury to their insurance company.
You must choose a provider from a list of authorized medical providers in order to get coverage for medical care, prescriptions, and treatment for your injury. This list is either available through your employer or through their insurance company.
If you are not happy with your treatment, you may petition for a one-time change of physician, but, since you can only change providers once, exercise this right carefully.

What about your job? Will your employer hold your position for you? What if you can not go back to the same job you held before your injury?

Florida workers compensation laws specify that you will not be paid for the first seven days of work-related disability, however the insurance company might pay you if your disability lasts more than 21 days.
Florida law does not require your employer to hold your work position for you until you are released to work again, however you may be protected under the Family Medical Leave Act..
You are entitled to vocation counseling, transferable skills analysis, job-seeking skills, job placement, on-the-job training, and formal retraining (all at no cost to you) if you can not return to the type of work you did before your injury.
Be careful if you settle your claim for medical benefits with the insurance company! If your condition gets worse after you have settled, you are responsible for your future medical needs and bills.
Injured workers have the right to hire an attorney to help make sure their rights are protected and their injuries are properly compensated. Be sure to hire an experienced Florida work accident compensation lawyer: the Florida workers compensation laws are complex and go through an annual amendment process in the Florida Legislature.

Florida state law says construction-related companies must have workers’ compensation coverage if they have one or more employee, including the owner. Other businesses must have the coverage if they employ four or more employees, excluding business owners. Are you certain that your company is watching out for you by providing Florida workers compensation coverage?

For more Florida workers compensation information, contact Florida work accident compensation lawyer Joseph M. Maus at 1-866-556-5529, log on to his website at www.mauslawfirm.com, or email him today.

Retrieved from “http://www.articlesbase.com/health-and-safety-articles/are-you-covered-florida-workers-compensation-information-2850795.html

(ArticlesBase SC #2850795)

Joseph M. Maus
About the Author:

South Florida Attorney Joseph M. Maus and Associates has been helping victims of injuries and accidents for close to 17 years. The firm prides itself on having the resources and experience of the largest state-wide law firms, yet providing individualized attention to each and every client.

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Source:  http://www.articlesbase.com/health-and-safety-articles/are-you-covered-florida-workers-compensation-information-2850795.html

Article Tags:
fort lauderdale workers comp lawyer, fort lauderdale workers compensation attorney, west palm beach workers comp lawyer, pompano beach workers compensation attorney, boca raton workers compensation attorney, broward workers comp lawyer

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South Florida Attorney Joseph M. Maus and Associates has been helping victims of injuries and accidents for close to 17 years. The firm prides itself on having the resources and experience of the largest state-wide law firms, yet providing individualized attention to each and every client.

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