QUESTION
Can I file a negligence lawsuit against my employer?
Asked on Apr 28th, 2014 on Labor and Employment - Wisconsin
More details to this question:
If I was previously injured on the job a few months back because a ladder fell on me and I have slowly been recovering but still not a 100 percent and then now recently something else falls on me. Can I sue my job for neglect? Because this is the second time something like this has happened to me because proper procedures are not taken to store things and I mentioned it in my last injury statement. Can I sue for neglect because I feel like it is their fault that they are not enforcing the proper procedures for employees so we do not get hurt?
14 ANSWERS
You need to retain an attorney 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 May 05th, 2014 at 6:46 AM
James Eugene Hasser
Your exclusive remedy against your employer for an on the job injury is for comp benefits with very few extremely limited exceptions. Experienced comp lawyers are familiar with those exceptions. Consider consulting one.
Answered on Apr 30th, 2014 at 10:29 AM
Ronald A. Steinberg
Yes. It is known as workers compensation.
Answered on Apr 30th, 2014 at 8:32 AM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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You need to file a workers' compensation claim. That is your only source of remedy, and essentially replaces the right to sue in negligence. Any suit you file in court will eventually be dismissed.
Answered on Apr 30th, 2014 at 8:14 AM
You have a Workers' Compensation claim as to both accidents but you can not sue for negligence because to be part of the WC system you have to give up your rights to sue for negligence.
Answered on Apr 29th, 2014 at 6:01 PM
Administrative Law Attorney serving Pasadena, CA
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License Advocates Law Group LLP
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Your exclusive remedy is a work comp claim.
Answered on Apr 29th, 2014 at 4:51 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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This is a worker's comp case.
Answered on Apr 29th, 2014 at 4:26 PM
In GA, your sole remedy for an on the job injury is to file a workers comp claim.
Answered on Apr 29th, 2014 at 4:11 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Your only remedy against your employer is worker's comp.
Answered on Apr 29th, 2014 at 3:51 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Your only remedy is Worker's Compensation. Worker's comp covers medical expenses and time out of work. You cannot sue your employer for negligence and damages for "pain and suffering" is not available. There is a trade-off: you can claim Worker's Comp even if your employer was not negligent, it wasn't their fault, there was nothing they could have done to prevent it. But, then in situations where they were negligent and you can prove it, you can't get anything more than comp.
Answered on Apr 29th, 2014 at 3:39 PM
Labor and Employment Litigation Attorney serving Beverly Hills, CA
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Thomas & Associates
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Usually, your exclusive remedy is workers' compensation.
Answered on Apr 29th, 2014 at 3:39 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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No, you cant. You get a free ride for worker compensation and don't have to prove any negligence, and in return you are not permitted to sue your boss. you obviously don't think much of him or your job. Why don't you find a job that appreciates you for who you are.
Answered on Apr 29th, 2014 at 3:26 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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You may have a workers' compensation claim for your work-related injuries.
Answered on Apr 29th, 2014 at 3:01 PM
Contact an attorney.
Answered on Apr 29th, 2014 at 3:01 PM