Workman's comp?

I work as a barback. I injured my knee lifting beer. I received a phone call just now "that i should seek employment soemwhere less demandign on my knee". Can I get workman's comp? Lawsuit?

OK, you got fired over it. NO biggie. You can't get workers comp over being fired - it pays your medical bills, though, and lost wages while you're disabled.

If you didn't go to the doctor, likely you're not going to be able to collect anything now that you've been fired - it will sound like a "sour grapes" claim.

If you DID go to the doctor, and they said you can't work for a while, and tell you to go to rehab, well, THAT'S a workers comp claim.

If you injured your knee on the worksite, then they are responsible for you injury. Hopefully you filed an accident report when it happened. That way then can't deny it. If you didn't file one, then it's your word against theirs. If you can, I would get a consultation from a lawyer just to know what your options are.

this is a no brainer

if you work for someone THEY HAVE TO CARRY INSURANCE, don't let them bully you around.

The state you are in makes a HUGE difference.

You are entitled to WC benefits if you injured yourself on the job - a legitamite job. You have to be on the payroll - not working under the table.

You didn't say who called you. Was it your employer? Some jobs come with a job description that indicate what you must be able do to perform the job. If you are not physically able to perform the duties as listed - they should offer you another job. So, technically, it might be a good idea for you to work in a different area that is not so hard on your knee. If you did get WC benefits - the Doc would tell you/your employer what your restrictions are and you/your employer are supposed to comply. If your employer can not comply you would be entitled to Temporary total disability benefits until they could comply or until you are released back to full duty. I could go on but.....

There are all kinds of other things that make a difference depending on what state you're in but....long story short - if you are entitled to benefits you should ask for them.

Goodluck!

~jifr!

Did you file a claim then received the phone call from your boss? Or are you contemplating filing a claim to support yourself if you get fired?
You cvan only collect if you injured yourself in the course of employment, medical bills paid etc...If unable to work as a direct result of being injured on the job, then ypou could collect a portion of your gross income up to a maximum dollar amount, depending on your state.
Tell your sup/manager you were hurt on job, and then seek medical care,telling the doctor this is job related. Ask the doctor if you are disabled from being your occupational duties?

You should file for a work comp claim. If you hurt it at work and your company won't file it, than file it through your doctor.

Your company shouldn't have fired you from your job because of this incident, it's wrong to fire somebody because they got injured at work, unless they let you go for other reasons.

Make sure you save your medical documents as well as your pay stubs that you got from working there. Depending on where you live you might be entitled to time loss benefits because you might fit under "they cannot accommodate you". Make sure you communicate with the adjuster on what happens this way they get a feel of whats going on. You company maybe liable for your injuries.

If your doctors don't know who to file with I suggest call the state work comp department and they might know who covers them.