QUESTION

Can I file a civil suit against this maintenance person?

Asked on Apr 30th, 2013 on Labor and Employment - Washington
More details to this question:
I was injured at work due to a maintenance neglect issue that has been filed with O.S.H.A in my state. The maintenance person (who believed he was in charge at the time due to the owners death) refused to fix this issue. He himself "demanded" that I do his job and change a mold in a big factory machine where the leak was which resulted in my having to have spinal surgery.
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11 ANSWERS

Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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You have a worker comp claim. There is no "suit" it is a comp claim . make sure it is reported and that you are getting proper care.
Answered on May 07th, 2013 at 10:43 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Not if you have the same employer. With worker's comp there is a trade-off: an injured worker does not have to prove negligence in order to make a claim. But even where there is negligence, no matter how egregious or obvious, all you can get is worker's comp. On the other hand, if the maintenance worker was employed by a different company than you were, you can file a civil suit against that employer.
Answered on May 07th, 2013 at 10:42 AM

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James Eugene Hasser
In Alabama, your exclusive remedy against your employer or a co-employee for an on the job injury is for comp benefits. There are exceptions, but they don't appear to apply here. Good luck.
Answered on May 07th, 2013 at 10:41 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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It sounds like you are only covered by worker's compensation.
Answered on May 07th, 2013 at 10:40 AM

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Personal Injury Attorney serving Milwaukee, WI
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The only way you could possibly have a claim to pursue would be if the maintenance person was not employed by your employer. Otherwise, your claim is a workers compensation claim that is subject to the limitations on recovery that go with that law. If the maintenance person was not employed at your place of business, you would have to prove that he was negligent and that his negligence was greater than yours. From your description, I think it is unlikely that you have a case that you can pursue.
Answered on May 03rd, 2013 at 4:43 AM

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Ronald A. Steinberg
Sounds to me like a workers' compensation case. If the maintenance person is not a co-employee nor an employee of a sister company to yours, you may be able to sue for Third Party Liability. Your attorney will know what to do.
Answered on May 03rd, 2013 at 4:43 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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I would suggest that you see an attorney regarding the entirety of the circumstances, and, if you are injured while on your job you clearly have a Worker's Compensation cause of action. I would have to have many more details prior to the time that I could determine whether or not, in my opinion, there would be a cause of action for negligence. Generally, Worker's Compensation is the sole remedy for work injuries.
Answered on May 03rd, 2013 at 4:12 AM

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Workers Compensation Attorney serving Newtown Square, PA at Law Offices of Richard A. Jaffe, LLC
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I am very sorry to hear about the injury that you recently sustained at work. You certainly should be eligible for Workers Compensation Benefits if the injury that you sustained has resulted in your need for medical treatment and further, has caused you to either be out of work, and/or you are suffering a wage loss. With respect to filing a civil lawsuit against the "maintenance person" it will depend upon whether or not the maintenance person was a co-employee or not. Please note that in Pennsylvania your employer and any co-employees are protected from third-party lawsuits as result of the enactment of the Pennsylvania Workers Compensation Act, as amended. If the "maintenance person" was not a co-employee you may have a cause of action if one can show that his actions rose to the level of negligence and said negligence was the proximate cause of your injuries. It is highly recommended that you contact an Attorney who is experienced in handling Pennsylvania Workers Compensation Claims at which time you can discuss your rights with respect to your entitlement to Workers Compensation, and further, whether or not you would have a viable cause of action against the "maintenance person." Please note that most attorneys who handle Workers Compensation Claims will not charge for an initial consultation and will accept your claim on a Contingent Fee basis.
Answered on May 03rd, 2013 at 4:08 AM

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Thomas Edward Gates
You can sue the company for negligence, they had a duty to protect you.
Answered on May 03rd, 2013 at 3:39 AM

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Your sole remedy for an on the job injury is to file a workers comp claim Go see a w.comp atty. Most do not charge just to talk.They may know of another remedy also.
Answered on May 03rd, 2013 at 3:15 AM

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Insurance Attorney serving Seattle, WA at Lawrence Kahn Law Group
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If the maintenance worker was employed by the same company as you, it's a worker's compensation case. If not, you may have a case against him and his company separate from the worker's compensation case.
Answered on May 03rd, 2013 at 2:46 AM

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