QUESTION
Apart from filing a worker’s compensation claim, can I sue my employer for being liable for my injury?
Asked on Apr 18th, 2014 on Personal Injury - New York
More details to this question:
I am an EMT. My former employer mounted the box of an ambulance on the chassis of a dump truck. This made it higher at the back when loading patients. Also to cut costs, instead of having 2 EMT's on each truck he hired a female driver with no EMS experience. I tore the meniscus in my R-knee loading a patient. I have a worker’s compensation lawyer. I want to sue him directly because I have been out of work for a year and a half and my life has suffered greatly. I think he should pay.
9 ANSWERS
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Work comp is typically the exclusive remedy against an employer for an on the job injury. If you can prove that your employer intended to injure you, then you may have an intentional tort claim; however, such a case is an extreme long shot in most any situation. You may have some type of ergonomic product liability claim against the designer/fabricator/manufacturer of the rig, but such cases are expensive to pursue, may have damage caps and the work comp payments act as a lien on any recovery therein. You'd need to discuss this with a local Michigan product liability attorney.
Answered on Apr 22nd, 2014 at 2:19 PM
Edwin K. Niles
If you have a lawyer, why ask us?
Answered on Apr 22nd, 2014 at 6:19 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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What you think and feel emotionally doesn't count for much. You have a comp claim and you are limited to that. Talk to your lawyer and he will explain the rules.
Answered on Apr 21st, 2014 at 3:39 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No. Worker's comp is it. You might be able to sue a third party that modified the vehicle.
Answered on Apr 21st, 2014 at 3:11 PM
As a former EMT I empathize with your injuries and wish you a speedy & full recovery. Yes, there is a number of ambulances that are mounted on a truck chassis with higher floor height. For better or for worse, you claim against your employer is a worker's comp claim. Claims can be asserted against third parties for negligence, for instance if the ambulance model is a dangerous or defective design that's likely to cause injuries or if the ambulance manufacturer did not adequately and/or accurately issue warnings, instructions or training to consumers regarding how EMTs should use this ambulance model to avoid injuries. Whether you have a claim against an equipment/vehicle manufacturer and distributor depends on the particular facts of your claim, which would require additional information, consultations and research.
Answered on Apr 21st, 2014 at 3:05 PM
Ronald A. Steinberg
Comp only. In Michigan, to get outside of comp, you have to prove gross negligence, and what you have described isn't bad enough.
Answered on Apr 21st, 2014 at 3:02 PM
James Eugene Hasser
Your exclusive remedy against your employer for a job injury is for comp benefits. There are a few very limited exceptions, but I'm not sure you qualify based on your question detail. Discuss the matter with your comp lawyer. They should know. Good luck.
Answered on Apr 21st, 2014 at 2:57 PM
You would not have a separate claim against the employer. Stick with your workers' compensation claim.
Answered on Apr 21st, 2014 at 2:48 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No, that's the trade-off. On a worker's comp claim you don't have to prove negligence. In fact, the employer does not even have to be negligent in order for the comp carrier to be obligated to pay benefits. But then, when an employer is negligent and the employee can prove it, comp limits the amount of the recovery. Talk to your lawyer about a schedule award.
Answered on Apr 18th, 2014 at 6:25 PM