QUESTION
Can he sue for intent to harm after my husband's truck broke down while at work?
Asked on Apr 01st, 2014 on Personal Injury - Washington
More details to this question:
The site manager had the mechanic pull the vehicle from the grave yard. This of course is exactly the way it sounds. They are vehicles that are deemed unsafe for operation and have been put into this area until they can be serviced. They told my husband that he had to use that truck and it was operational. However, when he was transporting 40 ton of rock up a hillside, the brakes gave out and needless to say, he suffered some injuries such as 6 broken ribs, 3 transverse vertebrae fractures, severe herniation of the lumbar sacral spine with nerve compression that affected his bladder and his leg. He had back surgery but his nerve damage has been dx as permanent. This is not the first time they have put him or other employees in vehicles that are unservicable. Actually, the company was just fined a hefty amount of money for lack of maintenance.
15 ANSWERS
You need to 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 Apr 07th, 2014 at 9:41 AM
Ronald A. Steinberg
Your husband has a workers compensation case against the employer.
Answered on Apr 04th, 2014 at 5:35 PM
Edwin K. Niles
He certainly has a workers comp claim, but he also has a negligence claim, in my opinion. He needs to see a lawyer who does both.
Answered on Apr 04th, 2014 at 5:34 PM
James Eugene Hasser
Normally, the exclusive remedy against the employer for such an injury would be for comp benefits. However, there are a few limited exceptions and your husband's case may fall within one or more. To be sure, contact an experienced injury lawyer familiar with both comp and third party liability cases.
Answered on Apr 03rd, 2014 at 6:25 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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He may have a case. He should see a lawyer.
Answered on Apr 03rd, 2014 at 6:25 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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There are instances where an employee has been able to sue the employer notwithstanding the fact that the Workman's Comp statutes protect the employer from being sued so long as the employer had the coverage in place. A number of years ago in Washington state, an employee was able to sue Boeing (I believe it was Boeing) for an on the job injury. You may be able to fit under that legal concept and go after the employer.
Answered on Apr 03rd, 2014 at 6:25 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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He obviously has a worker comp claim. Whether he can go beyond that because of the evil behavior of the boss is another matter. see a good comp lawyer and review all the facts.
Answered on Apr 03rd, 2014 at 6:24 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Unfortunately, his only remedy is Worker's Compensation.
Answered on Apr 03rd, 2014 at 12:31 PM
In Iowa injured workers file workers' compensation claims unless what was done amounts to gross negligence. This set of facts just might qualify as meeting the legal criteria for gross negligence. Go find a lawyer who litigates in district court as well as before the Iowa Industrial Commissioner.
Answered on Apr 03rd, 2014 at 10:40 AM
First, your husband needs to look into workers compensation. But, depending on your state of residence, he may also have claims in addition to the workers compensation. He needs a good lawyer.
Answered on Apr 03rd, 2014 at 10:40 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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While ordinarily injuries on the job are limited to worker's compensation, where injuries are reasonably expected to occur, there is an exception to the general rule. Go see a good personal injury attorney right away.
Answered on Apr 03rd, 2014 at 10:36 AM
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
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Law Offices of John W. Merting, P.A.
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He needs to talk to an experienced Workers' Compensation attorney. Under these facts he may have a claim beyond Workers' Comp benefits.
Answered on Apr 03rd, 2014 at 10:36 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Seeing an attorney, if your allegations are provable it is very likely the company could be sued for negligence and other things beyond the simple Workmen's Comp. claim. That would be appropriate here given your husband's injuries and the companies actions. Please, see an attorney, you have rights.
Answered on Apr 03rd, 2014 at 10:24 AM
Thomas Edward Gates
He may be limited by workman's comp. Contact a personal injury attorney to assist you.
Answered on Apr 03rd, 2014 at 10:23 AM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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Your husband would probably be able to pursue a workers' compensation case. We would have to review the facts to see if you have additional options.
Answered on Apr 03rd, 2014 at 10:23 AM