It would suck to be hurt. It would suck to be laid off. My opinion though is that a company can't be expected to pay someone indefinitely who can't work unless there was severe neglect on their part and they really, blatantly put someone in danger. (I'm talking the stuff you still see in the 3rd world, people losing arms and shit). If that's not the case, why not look for something else where you can regain a fair work for fair pay scenario?
I don't know details and I'm not assuming I do, but workers comp insurances and all the other insurances companies have to pay dogs small businesses to death - let alone when there's actually a claim filed against that insurance. We as Americans shouldn't have this workers vs. company attitude anymore (and I'm not saying you do necessarily, but there is a large part of the population that does, and the existence of unions is all the farther one need look). We can't afford to - it's ignorant and short sighted, and it won't keep us the greatest country in the world, by what amounts to ignoring the affects of globalization and cheap-ass foreign labor.
I'd try to find something that's more win / win somewhere else and avoid a battle - you were hurt on the job, and they need to have employees they're paying create value. Both sides have an argument if you push it. Just my humble opinion... try to find something that works for everyone - new work, fair pay, time for you to heal without stress on you and a company. You could negotiate for a severance deal to help out while you search for new work perhaps, win / win for your current situation while you search for a new one...
If you present an attorney to your previous employer, all good will is going to be gone on the spot