QUESTION
Can a worker who was injured in a job sue the company he works for? Does he have to go by the worker's compensation laws?
Asked on Aug 01st, 2013 on Personal Injury - Tennessee
More details to this question:
Please tell me if a worker injured on the job can or cannot file a lawsuit against his employer.
16 ANSWERS
Generally no. There are very few exceptions and I don't have the time today to go through them all so check out my website.
Answered on Aug 07th, 2013 at 10:01 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan your primary remedy for an on the job injury is workers compensation. You generally may not sue your employer for on the job injuries. The sole exception is if the employer "intended to injure you", which is a virtually insurmountable proof problem. When you couple the almost guaranteed inability to prove an employer intended to injure you with the extremely conservative Michigan courts who do not look to expand the rights of injured people, work compensation is really your only remedy.
Answered on Aug 07th, 2013 at 10:01 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Unless the employer acted recklessly with an intentional disregard for the rights of an employee, and employee's only remedy is through workers compensation.
Answered on Aug 07th, 2013 at 10:01 PM
4 Awards
Unfortunately, Worker's Compensation the only remedy that an employee has against his employer. However, the thing on the facts of the situation you may have a cause of action against some third-party. You should contact a local attorney for a free consultation.
Answered on Aug 07th, 2013 at 10:01 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You can file a Worker's Compensation claim but you cannot file a lawsuit against your employer. Some people use the word "sue" to refer to a Worker's comp claim but that is technically incorrect. 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. But: you should get some advice as to whether the schedule award is your best option. Depending on your situation, you may be better off getting disability payments and having your medical expenses taken care of. There may be another possibility, if there some party other than your employer who caused the accident, such as a janitorial company or repair service. Accidents that occur on construction sites or car crashes during the course of employment have particular rules as well.
Answered on Aug 07th, 2013 at 10:01 PM
Plaintiffs Personal Injury Attorney serving New Orleans, LA
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David A. Easson
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If employer has WC insurance you are limited to that unless injury caused by intentional act.
Answered on Aug 07th, 2013 at 10:01 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You are stuck with worker compensation unless you can prove some deliberate type treatment by your boss designed to hurt you.
Answered on Aug 07th, 2013 at 10:00 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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With few exceptions an employee injured on the job must pursue his claim through worker's compensation.
Answered on Aug 07th, 2013 at 10:00 PM
James Eugene Hasser
Your exclusive remedy against your employer for an on-the-job injury is for Worker's Compensation benefits. There are some exceptions. You may want to consider consulting an experienced Worker's Compensation lawyer to see if you fit into one or more of them.
Answered on Aug 07th, 2013 at 10:00 PM
Personal Injury -- Plaintiff Attorney serving Cleveland, OH
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Mishkind Law Firm, Co., L.P.A.
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It is very difficult to sue your employer unless your injury was due to an intentional tort where the injury was due to conduct by the employer involving removal of a guard on a machine or conduct that the employer knew with substantial certainty would cause an injury. Unless you fit in one of these categories it is unlikely that you will be able to sue the employer successfully.
Answered on Aug 07th, 2013 at 9:59 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Generally, worker's compensation is the only remedy against the employer for an injury on the job.
Answered on Aug 07th, 2013 at 9:59 PM
Generally speaking, you must follow the workers compensation laws. You might be able to sue someone other than your employer, for example the manufacturer of a device which malfunctioned and injured you.
Answered on Aug 07th, 2013 at 9:59 PM
Injured workers can exclusively sue their employers only under worker's compensation laws.
Answered on Aug 07th, 2013 at 9:59 PM
Personal Injury Attorney serving Overland Park, KS
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Ankerholz & Smith
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In Kansas and Missouri, the general rule is that Workers' Compensation is the only remedy for job-related injuries, so you may not file a civil lawsuit against the employer. However, under certain circumstances the employer may have undertaken responsibilities that are not normally held by the employer. In Kansas, if a dual capacity is proved, an employer is subject to a civil lawsuit. The Kansas Court of Appeals adopted the "Dual Capacity Doctrine" when it was presented to the Court in the case of Kimzey vs. Interpace Corporation by Dan L. Smith of our office. In Missouri, there are very limited exceptions to the rule.
Answered on Aug 07th, 2013 at 9:59 PM
Thomas Edward Gates
He has to comply with the workman's compensation laws.
Answered on Aug 07th, 2013 at 9:59 PM
Estate Planning Attorney serving Nashville, TN
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Strickland Law, PLLC
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In Tennessee, generally the exclusive remedy for a work related injury is under the workers' compensation act. However, you may pursue a claim for personal injury against your employer if your employer intentionally injured you (very rare claim). Depending upon the specific facts of your matter, a third party might have some liability, but your employer has the right of subrogation. I would consult with counsel.
Answered on Aug 02nd, 2013 at 9:44 AM