Question
Can a Workers Comp Injury be the Basis for Personal Injury Claim?
I sustained a permanent partial disability to my upper and lower back in Jan. '99. I was a middle school science teacher and one of my students intentionally took a few screws from my desk and left it to later collapse on me after class. I filed a workers comp claim, which paid a percentage of lost wages a few years ago. Now it only pays for 2 of my meds and an occasional dr. visit. I filed separately and now receive minimal Social Security disability benefits. My question is: Can I now file a personal injury claim against the school system, since I am still suffering with my back condition; despite the workers comp history with the same injury? Case in point-- I recently underwent lower back surgery on 10/30/07 and was hospitalized for 8 days. I now have new meds, physical therapy and a hospital bill for $38K and a neurosurgeon bill for $5K because the dr. and hospital were out of network for my Medicare. Please advise.
Share This!
Top Areas of Law