After receiving a fractured navicular bone and possibly a torn tendon in an on-the-job accident will workmen's comp offer you a settlement or will you have to sue them when you are released to work?

Answer 1

It is my understanding, at least in Indiana, that you can not sue Workmen's Comp, but you will be offered a settlement once you are released to return to work. I base that on my mother being on Workmen's Comp because of falling on a wet floor at work and breaking her shoulder in three places in July or August of last year. Her experience with Workmen's Comp has not been a pleasant one. She consulted an attorney who told her that she would be offered a settlement from Workmen's Comp once she was released to return to work, and that she had no choice but to accept what was offered. I don't know how many months ago she was released, but it has been several, and to my knowledge she has not received any type of settlement. The attorney told her that if she sues anyone, it would have to be the company she works for if she is not satisfied with the settlement from Workmen's Comp. I knew of another person who had a similar experience with Workmen's Comp. Both my mother and this other person had injuries that are permanent and will affect them the rest of their lives. I do not know when you sustained your injury, but my advise would to be to contact a good Workmen's Comp attorney and get his or her advise and guidance. Workmen's Comp does not always do what is right for the injured party. In fact, in the two cases I stated, Workmen's Comp did not do right toward either party.