QUESTION
Can I sue a coworker for complete negligence if her stupidity caused physical, emotional and personal harm?
Asked on Feb 19th, 2013 on Personal Injury - Virginia
More details to this question:
I was pricked by a sharp at my place of employment. When a coworker whose been at the company twice as long as me (and knows better) negligently left a sharp in a ziplock bag with other personal belongings of a client. I work with the homeless and substance abuse population. I Now am on medication and am waiting for test results and will continue to get tested for the next six months while taking a medication that makes me extremely ill, due to her blatant disregard for protocol and stupidity. I have now also suffered not only physical distress but extreme emotional injury. And my life is at a standstill, I'm holding my breath waiting to see if I'm alright. I'm in my thirties and haven't bore children yet. This mistake could potentially ruin my entire life and have made the past few days hell. This incident was very recent.
13 ANSWERS
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Since your co-worker did not act intentionally, your only recourse would be a workers compensation claim which I filed through your employer.
Answered on Apr 04th, 2013 at 2:15 PM
Criminal Defense Attorney serving Alexandria, VA
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Michael J. Sgarlat
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I think you'll have to prove gross negligence against a co-worker.
Answered on Feb 22nd, 2013 at 12:10 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Your only claim is a worker's comp claim against your employer.
Answered on Feb 20th, 2013 at 9:36 PM
Christian Joseph Menard
It sounds like you first have a worker's comp case. I suggest you seek the consultation of an attorney who handles workers' comp cases. He or she would be in a better position after reviewing all the facts to advise you whether there are grounds for a 3rd party civil suit against your co-worker.
Answered on Feb 20th, 2013 at 4:38 AM
You cannot sue your employer or a co-employee. You are limited to your worker's compensation benefits.
Answered on Feb 20th, 2013 at 12:58 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would need more details but presently it sounds more like a worker's comp action. I hope you are well and nothing comes of this.
Answered on Feb 20th, 2013 at 12:58 AM
You should file a Workers' Compensation claim against the company for your injuries.
Answered on Feb 20th, 2013 at 12:57 AM
If you can prove that she owed a duty to you, she breached the duty and you were injured as a result, you can bring a claim for negligence. Also, you can file for workers' compensation if this happened while you were in the course and scope of working. You can do both at the same time and it may be quicker to get medical treatment via workers' compensation than by suing the co-worker.
Answered on Feb 20th, 2013 at 12:22 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If you were injured in the course and scope of your employment you have a worker comp claim. You need to try to get all this emotion out of it however since you will get benefits for emotional damage only if you have strong medical testimony. Don't overplay your hand.
Answered on Feb 20th, 2013 at 12:14 AM
Ronald A. Steinberg
Workers compensation unless the worker did it on purpose. Then, you could sue the worker.
Answered on Feb 20th, 2013 at 12:13 AM
James Eugene Hasser
Your exclusive remedy for an on the job injury is for limited compensation benefits. It will cover your medical bills related to your injury for life and will pay you if the Dr pulls you from work and if you wind up with a permanent disability. You can't sue a co-worker unless you can show it was an intentional injury.
Answered on Feb 19th, 2013 at 11:43 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 for an injury caused by a co-worker. 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.
Answered on Feb 19th, 2013 at 11:43 PM
Premises Liability Attorney serving Herndon, VA
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Abrams Landau, Ltd.
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The short answer is generally "no." Sudden, accidental injuries that arise in the course and scope of employment come under the Virginia Workers Compensation Act. Where an employer has workers comp insurance coverage, they generally cannot be sued by a disabled employee. The Virginia Comp Act provides for certain benefits, including medical care. If your injuries are permanent and you have missed a lot of time, you should consult with an experienced, licensed and insured Virginia lawyer who regularly tries comp claims in front of the Virginia Workers Compensation Commission. If the injury caused by your co-worker was intentional, it may not come under the protection of the Workers Comp Act, so you might be able to bring a claim, but then again, there might not be any coverage.
Answered on Feb 19th, 2013 at 11:34 PM