QUESTION
Can I sue my employer for faulty work equipment ghat cause my injury?
Asked on Jul 21st, 2013 on Labor and Employment - Alabama
More details to this question:
I've been work for a hospital for 3 years as a transporter, in those three years me and other co worker have complained about the stretchers and wheel chairs we use to move our patients. They failed to fixed or replace the stretchers and wheel chairs, they don't steer properly, so in order to transport our patients safely we have to put our own Bodies at risk. I am now suffering from back, neck and hip pains because of their negligence. I'm a good worker and I shouldn't be suffering over it. Please help. I need advice.
14 ANSWERS
Ronald A. Steinberg
Yes but it is called workers compensation.
Answered on Jul 27th, 2013 at 4:17 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Your exclusive remedy against your employer in Florida is workers compensation.
Answered on Jul 27th, 2013 at 4:17 PM
The sole remedy for an on the job injury in GA is a workers' compensation claim. You should speak with an attorney that handles w.comp cases. I do not.
Answered on Jul 27th, 2013 at 4:17 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, that is what worker's compensation is for.
Answered on Jul 27th, 2013 at 4:17 PM
Thomas Edward Gates
You are obligated to file a workman's comp claim for your injuries.
Answered on Jul 27th, 2013 at 4:17 PM
Labor and Employment Litigation Attorney serving Beverly Hills, CA
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Thomas & Associates
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Report the hospital to whatever Board regulates the hospital on the basis of patient endangerment; consult a workers compensation attorney concerning your own claim.
Answered on Jul 27th, 2013 at 4:17 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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The general rule in Michigan is that you may collect workers compensation for on the job injuries and in exchange for this you give up the right to sue your employer for unsafe work conditions. The only exception is for an "intentional tort" where your employer intends to injure you. Michigan courts have rarely, if ever, found a case of intentional tort. So I think it's safe to say your chances of success in suing your employer in tort are virtually non-existent in Michigan. If you can prove the design of the equipment in question did not meet industry standards or was not fit for it's intended purpose, you may have a claim against the manufacturer of the equipment; however, Michigan has restrictions on such cases and they are expensive to present, so although such a case is a possibility, it may not be economical to bring. Of course, the best advice I can give you is for you to sit down with a local Michigan lawyer that regularly handles product liability cases for a free consultation to see what might be in play regarding your specific facts. Do remember you must prove the proximate cause of the injury and you would need evidence to link a certain product with a certain injury as part of the proofs of any product case that may be considered.
Answered on Jul 27th, 2013 at 4:16 PM
Motor Vehicle Accidents Attorney serving Van Nuys, CA
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Law Offices of Andrew C. Sigal
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You need to speak with an attorney who handles workers' compensation cases.
Answered on Jul 27th, 2013 at 4:16 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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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. If you have a permanent injury, you may be able to get a "schedule award" which is based on a formula depending on the extent of your disability and your rate of pay, offset by payments that you have already received. You could contact your state's labor department with regard to workplace violations, you can also report to the comp carrier the reasons you cite for your injuries and those of your co-workers, maybe the insurance company will make them clean up their act.
Answered on Jul 27th, 2013 at 4:16 PM
In Iowa your only recourse is workers' compensation benefits; you have no grounds for a negligence suit.
Answered on Jul 27th, 2013 at 4:16 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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Your claim for injury is likely covered by worker's compensation. If this is true, then you cannot sue in court. I would speak to a worker's compensation or personal injury lawyer to see if your case falls within an exception to this rule, but I see nothing in the facts you present to suggest that an exception applies.
Answered on Jul 27th, 2013 at 4:16 PM
James Eugene Hasser
In Alabama, from what you have described, you wouldn't have a claim for faulty equipment, although under the right circumstances you could. Your exclusive remedy for an on the job injury, which is sounds like you have, is for compensation benefits. The fault of either you or the employer is not an issue in a comp case.
Answered on Jul 27th, 2013 at 4:16 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Not much of a case. you would have to prove far more to be able to sue. You would have to prove virtually that your boss calculated this to hurt you. you would have a comp case only if this damage were caused in the course and scope of your employment and was considered an "accident" you are trying too hard to make something out of not much. Get you another job.
Answered on Jul 27th, 2013 at 4:16 PM
You can sue your employer for worker's compensation benefits including temporary disability benefits and a settlement for permanent disabilities and future medical.
Answered on Jul 27th, 2013 at 4:16 PM