QUESTION
Can I sue a past employer for pain and suffering after a workmen's comp claim?
Asked on Dec 28th, 2015 on Labor and Employment - California
More details to this question:
I injured myself at my former work about 4 years ago. It was a slip and fall. I pulled something in my lower back. They sent me to the doctors. I got an MRI and the doctor stated I had a herniated disc. They sent me to PT. Even after about 8 weeks of PT I still felt the pain. The doctor said I was fine and it'll shrink over time. He placed me on a muscle relaxant and pain killers. It's now been 4 years and I'm still in pain! I have insurance but I have a ridiculous share of cost. Is there anything I can do to get compensated?
1 ANSWER
Under WC, all medical treatment necessary because of the injury has to be paid for by your employer, until you deny. You can not sue for pain and suffering. That is the trade off for the fact that the employer does not have to be at fault for liability to exist. In many slip and fall cases at work, no one is really at fault.
Answered on Jan 13th, 2016 at 4:48 AM