What to do if I was injured at work 2 years ago had surgery but they didn’t repair the shoulder so now I have to pay for shoulder surgery again?
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What to do if I was injured at work 2 years ago had surgery but they didn’t repair the shoulder so now I have to pay for shoulder surgery again?
Asked on November 7, 2012 under Personal Injury, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you and your employer and/or your employer's insurer had settled the matter--that is, the employer or its insurer paid you some sum of money--previously, then you need to look to the terms of the settlement agreement you signed. It most likely precludes or prevents you from suing again, and if it does, that restriction is legal: that is, if you gave up the right to sue again in exchange for the settlement, you cannot seek more money from the employer. If you never settled previously, however, you could now seek, including by a lawsuit if necessary, compensation for all pain and suffering, all medical costs, all lost wages, etc.
If the doctor, hospital, etc. the first time should have repaired your shoulder but failed to do so, such as due to negligence (carelessness), you may have a malpractice suit against them for the additional medical costs and any pain and suffering since the first surgery.
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