QUESTION
I fell and broke my neck at work. My employer failed to have safty equipment on the job.Am i able to get a lawsuit just for that fact alone?
Asked on Jun 15th, 2012 on Business Law - Ohio
More details to this question:
Back in 08 i fell and shatterd c6&c7 in my neck,shatterd my wrist and cracked my skull.i get workers comp/wadge contin. iv got mental issues now and my back is starting to hurt. When i returned to work in 09 i was to be put on light duty,there is no light duty in roofing.my employers fail me at this point. Now im back on workers comp, and trying to nurse myself because its hard to find a family doc to treat me because i get comp. i dont know how much more pain i can take. my employer keeps hurasing me to come back and that makes it worse. i dont want to return there his company almost killed me. mentaly it already has. i need someone to help me and point me in the right direction,please help,i hav so much more to share about this case.....
1 ANSWER
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Workers compensation is a system of protection for employees that entirely supersedes the conventional tort system. Its purpose is to compensate injured employees regardless of proof of fault on the part of the employer. In exchange for giving up the right to sue the employer directly, the employee gets compensation virtually automatically and without the necessity of proving fault, although frequently at a lower rate than would be the case in an ordinary personal injury lawsuit.
Bottom line: as a general matter, workers compensation is the exclusive remedy for an injured employee against his or her employer.
Answered on Jun 15th, 2012 at 2:12 PM