QUESTION
Can I file a lawsuit against the company I work for if I got hurt while I was working?
Asked on Mar 30th, 2014 on Labor and Employment - North Carolina
More details to this question:
I got hurt while I was working. I am tour guide and I was taking my company's bus with my guests. My guests were sitting and I was standing at the bus' stairs. The bus does not have a safety door. I could not sit on the chair because there were not empty seats. When my guest accidentally dropped her wallet and I unintentionally jumped out of the bus to take the wallet. Unfortunately I hit the ground and got a concussion. I passed out and I was taken to the hospital. My company will give me a worker's compensation and my company's insurance company has paid my hospital fees. Can I possibly file a suit against my company?
16 ANSWERS
You need to file a claim for worker's compensation benefits that cover temporary disability benefits , ongoing medical treatment and a settlement for permanent disability and future medical care.
Answered on Apr 07th, 2014 at 8:47 AM
Against your employer, your only recourse is workers compensation. But, you might have a case against the bus manufacturer for not having a safety door.
Answered on Apr 01st, 2014 at 7:05 PM
Edwin K. Niles
It appears that your only claim is workers comp.
Answered on Apr 01st, 2014 at 7:04 PM
Ronald A. Steinberg
An injury while on the job is a workers compensation claim. Yes, you have a claim.
Answered on Apr 01st, 2014 at 7:04 PM
In GA, the sole remedy for an on the job injury is a workers compensation claim.
Answered on Apr 01st, 2014 at 7:04 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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In Florida, the exclusive remedy you have when you are injured on the job is workers compensation.
Answered on Apr 01st, 2014 at 7:04 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Worker's compensation is your sole remedy.
Answered on Apr 01st, 2014 at 7:03 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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In California your exclusive remedy is workers compensation against the employer and possibly an S&W action against the employer. However, you may have a claim against the bus company for not having a safety door. The question will be your comparative negligence of jumping off the bus when it is foreseeable that such action is dangerous.
Answered on Apr 01st, 2014 at 7:03 PM
James Eugene Hasser
Your exclusive remedy against your employer (with certain extremely limited exceptions, none of which you seem to fall within) is for compensation benefits.
Answered on Apr 01st, 2014 at 7:01 PM
File a worker's compensation claim.
Answered on Apr 01st, 2014 at 7:01 PM
Thomas Edward Gates
No, you are restricted by workman's comp.
Answered on Apr 01st, 2014 at 7:01 PM
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
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Law Offices of John W. Merting, P.A.
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No, Worker's compensation is your sole remedy.
Answered on Apr 01st, 2014 at 7:00 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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You would be entitled to file a workers' compensation case if you were hurt while you were working. In addition to the medical bills and payment for your time off, you could also ask for a settlement for your injuries.
Answered on Apr 01st, 2014 at 7:00 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The remedy is limited to a workman's comp claim, which they are allowing and paying you benefits on.
Answered on Apr 01st, 2014 at 7:00 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No, you have your worker's comp and that's it.
Answered on Apr 01st, 2014 at 7:00 PM
You are unable to file a lawsuit outside of the confines of workers' compensation through the industrial Commission. All compensation will be received through the NC Industrial Commission. You should file a Form 18, if not already done.
Answered on Apr 01st, 2014 at 6:59 PM