QUESTION
Can my brother file a lawsuit if he got injured on the job?
Asked on Apr 29th, 2014 on Labor and Employment - Illinois
More details to this question:
My brother started a new job last year detailing jetliners and had slipped on a spill that was not properly cleaned up and had injured and twisted his leg. He did not have insurance and neither did his employer. Can he sue for damages? As he had to quit because he could no longer perform the duties required to work there. Also, his leg (knee) still hurts.
19 ANSWERS
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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The typical remedy for an on the job injury is workers compensation. If the employer was not insured for workers compensation, then it may be possible to file a negligence action against the employer if the employer was negligent in some respect in regards to the condition that caused the injury. Also if there is a 3rd party responsible for negligence, there may be a claim/suit against them although in Michigan any premises liability case against an owner/controller of a premises is typically subject to the open and obvious defense. Your brothers best best is to consult counsel to explore the facts and circumstances of the incident to analyze whether there are any viable (legally and economically) claims to make.
Answered on May 05th, 2014 at 12:56 PM
He should speak with a workers comp attorney. I understand employer is uninsured, which is why he needs to speak to an attorney that handles w.comp claims.
Answered on May 05th, 2014 at 8:59 AM
He needs to retain an attorney to check for worker's comp carrier and then file 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 6:47 AM
Edwin K. Niles
How could the employer not have W.C. insurance? He will be subject to a penalty. Yes, please talk to a W.C. lawyer.
Answered on May 01st, 2014 at 7:48 PM
Probate Attorney serving Washington, DC
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Apex Legal Services, PLLC
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WHY NOT?
Answered on Apr 30th, 2014 at 6:02 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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He can take action if the employer was required to have coverage and did not. see a good comp lawyer.
Answered on Apr 30th, 2014 at 1:35 PM
Yes, he could file a workers comp case.
Answered on Apr 30th, 2014 at 1:14 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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If he was working in Washington State, then his employer had to have Workmen's Compensation coverage to cover him for medical bills, wage loss, disability, and the like. He should immediately file with the Department of Labor and Industries for the coverage. If the employer didn't have coverage, then your brother can sue the employer, and the employer will have to pay by force of law.
Answered on Apr 30th, 2014 at 1:14 PM
His employer should have had workers compensation insurance coverage. If so, your brother should file a workers compensation claim. If not, he could sue the employer directly. Your brother may also have a claim against the airline or airport which failed to clean up the spill.
Answered on Apr 30th, 2014 at 1:13 PM
Your Brother should make a worker's compensation claim.
Answered on Apr 30th, 2014 at 1:13 PM
Ronald A. Steinberg
Workers compensation. It will pay the reasonable charges for treatment necessary for the care of the work related injuries. It will pay his lost wages while he is unable to engage in any gainful employment.
Answered on Apr 30th, 2014 at 1:13 PM
James Eugene Hasser
Normally, the exclusive remedy for an on the job injury is for limited compensation benefits with very few exceptions. If the employer had no insurance, there is a possibility your brother falls within one of those exceptions. Experienced workers compensation lawyers are familiar with these exceptions. He should consider consulting one.
Answered on Apr 30th, 2014 at 10:31 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, he has a claim and a very limited time to file it. Get him to an attorney now.
Answered on Apr 30th, 2014 at 10:03 AM
In order to preserve your legal rights you have to file a workers' compensation claim. You should notify your employer as soon as you have an injury. Delay in filing could endanger your claim. 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 30th, 2014 at 10:00 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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He cannot file a lawsuit, but he can bring a worker's compensation claim. Worker's comp is mandatory, it is required by law, and the employer has no choice but to allow him to put in the claim. But: let's talk about that spill. Who spilled it? Not "properly" cleaned up, or not cleaned up at all? Who was supposed to have cleaned it up? Who cleaned it up improperly? Whose property was it on? Your brother may be able to go after "third parties", who may have been all or partly responsible for the conditions which caused the injury. He will need a lawyer to sort all this out.
Answered on Apr 30th, 2014 at 10:00 AM
Creditor's Rights Attorney serving Clayton, MO
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Fluhr & Moore, LLC
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He needs to find a worker's compensation attorney asap. He can sue, but may lose right to do so if claim not filed within the allotted time.
Answered on Apr 30th, 2014 at 9:59 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Well, if he was an employee, he is entitled to worker's compensation. If the employer didn't have insurance, that is a pretty big deal. He should report the employer to the entity in your state that controls worker's compensation. As for suing, can he prove it was the employer that left the oil there and not some random fueling guy? It will probably be a tough case to prove who was at fault.
Answered on Apr 30th, 2014 at 9:57 AM
Administrative Law Attorney serving Pasadena, CA
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License Advocates Law Group LLP
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His remedy is a workers comp claim. It is not too late. He should retain work comp counsel.
Answered on Apr 30th, 2014 at 9:56 AM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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What type of medical treatment did your brother have?
Answered on Apr 30th, 2014 at 9:55 AM