QUESTION

Can I sue for negligence or long term health issues?

Asked on Oct 19th, 2013 on Labor and Employment - New York
More details to this question:
I was stuck by a dirty HIV HEP C needle left by another employee. The manuals for protocol were 5 years out of date so the facility was unsure of what to do or the meds to give. I was therefore sent home with the wrong meds and told to follow with employee health. When I went there they 2 gave me the wrong things based on manuals and being unable to write scripts. I therefore called the CDC myself and banged on DRs doors until I got myself help. I unfortunately have had nothing but trouble since. I ended up in the hospital with pneumonia during the antiviral cycle because I was told I had to keep working and they took all my PTO when I got pneumonia. They have since rectified that after a board meeting where they found 64 errors that happened to me, such as wrong meds and no follow ups except for the ones I made. I was never given a therapists name, which was apparently supposed to happen before I returned to work. I now see a cardiologist because the antiviral have caused a problem in my heart with one of the valves, or as work wants to say "it may have". But I am 26 and never took so much as a vitamin before all of this. Will my workers comp continue forever or is this something will eventually say comes out of my pocket? Oh and now the needle bins have been lowered, manuals updated, meds stored in pharmacy and scripts updated in employee health.
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6 ANSWERS

Ronald A. Steinberg
You seem to have a workers compensation case. Consult with a lawyer.
Answered on Oct 22nd, 2013 at 1:44 PM

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If this happened at work, your sole remedy for an on the job injury in GA is to file a workers compensation claim.
Answered on Oct 22nd, 2013 at 6:18 AM

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Admiralty and Maritime Law Attorney serving Gulf Breeze, FL at Law Offices of John W. Merting, P.A.
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Your w/c should continue to cover as long as the treating doctors say your health problems are directly related to the incident.
Answered on Oct 22nd, 2013 at 6:04 AM

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James Eugene Hasser
Your exclusive remedy against your employer for an on the job injury is for comp benefits. It pays for all medical care related to your injury for life. It pays you while you are off work until you reach maximum recovery and if you have a permanent disability, it will pay you for that, subject to limitations in the law. There are very limited exceptions that would allow co-employee suits, but you really haven't given enough info here to see if you qualify. Consider talking to an experienced comp lawyer. Good luck.
Answered on Oct 22nd, 2013 at 3:39 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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The question is not how inconvenienced you are Or how many stupid things happened but how badly hurt you really are (and that is a medical questions) Comp will cover you subject to what the dr says and all the emotion and feelings will not be a part of what he says. some of your problems may have been caused by the mistakes. Some may not.some of your issues may be your imagination in overdrive. Make sure you see the right doctors even if you have to pay for your own.
Answered on Oct 22nd, 2013 at 3:11 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Yes, you are covered by worker's compensation for as long as you need it, but you cannot sue your employer for negligence. It sounds like you worked at a health facility and were treated there as well. It would be interesting to determine whether the facility could be held liable for malpractice, or whether that is precluded under comp as well.
Answered on Oct 21st, 2013 at 11:46 PM

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