I was injured on the job and was covered by the company's insurance for medical and partial pay, and since then my company laid me off since my injury is permanent and can no longer do the work I was doing. What are my rights. Can I sue for pain and suffering since I was injured from a defective ladder from the negligence of the company. Since I am out of a job and can't do the job I've been trained to do can I sue for lost wages If my next job doesn't pay as much and what about the reduction in pay now I am unemployed at a greatly reduced amount?
Forean
Yes you may, Since it is There Falt, Even if it was yours. you still have the right since you were working for the company, ive sued my old company over this before. and won
Teekno
No, that's what workers comp is for. You might be able to sue if you could prove malice.
GOP not racist?
I'm really sorry for what happened to you. That's just awful.
Was the accident a result of your former employer's negligence? If so, and if you can demonstrate it, I think you'd have a iron-clad case. I would definitely speak with some good lawyers who specialize in tort law.
Good luck, brother!
Workers' Compensation: Can I Sue My Employer Instead?
In most cases, the answer to this question is no. The workers' compensation system was established as a trade-off in which injured employees gave up the right to sue employers in court, in exchange for the right to receive workers' compensation benefits regardless of who was at fault for their injuries. Most employers are required by law to provide workers' compensation insurance for the benefit of their employees. In exchange for providing that insurance, employers are protected from defending personal injury claims brought by employees in civil actions.
Nonetheless, workers' compensation does not prohibit an employee from bringing a claim against his or her employer for an intentional tort, or any injury sustained due to intentional behavior on the part of an employer seeking to harm an employee. Also, an employee may sue his or her employer for non-physical injuries such as emotional distress or discrimination.
Additionally, in most states, employees are free to pursue third parties (entities other than the employer) whom they feel are responsible for their work-related injuries. For example, an employee who believes his or her injury was caused by defective equipment may consider filing a lawsuit against the manufacturer of the equipment. In many states, an employee who is successful in recovering damages from a third party may either have to pay a portion of the recovery back to the employer to repay the workers' compensation benefits that were received, or the employer and its insurer may be allowed to become a party to the lawsuit and seek to recover the value of the benefits paid on behalf of the employee.
Mark H
Teekno is correct. Worker's Compensation was designed to replace civil actions against employers, it pays your medical bills quickly. You should contact a Worker's Compensation lawyer to discuss claims for permanent disability if you are no longer able to perform the same amount of physical work. Some state worker's compensation statutes allow for small penalties for hazardous work places.
Mr Placid
Nope. In the states that have worker's compensation laws (which is all 50 states as far as I know), worker's compensation is the EXCLUSIVE remedy that an employee has against the employer, when the employee is injured during the course and scope of employment.
The reason it is the exclusive remedy is because the employee gets compensated whether its the employee's negligence, or the company's negligence. The employee need not prove employer negligence to receive worker's comp. The tradeoff to eliminating this layer of proof is that the employee potentially does not recover as much as if the employee could go to court and prove employer negligence.
However, you can sue parties other than your employer if those other parties are responsible for your injuries. Perhaps you can sue the manufacturer of the ladder, if you can prove the ladder was a defective product. (BTW, good luck with that.)
Orignal From: Tips: is it legal sue a company for pain and suffering even when you are covered by workmans compensation?
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