QUESTION
Can I sue my boss for saying that I’m faking an injury?
Asked on Oct 08th, 2012 on Personal Injury - New York
More details to this question:
I was hurt on the job. My boss said in front of my co-workers how long am I going to milk this one for. Then he told a co-worker I was faking my injury.
10 ANSWERS
Your cause of action is one for defamation.
Answered on Oct 13th, 2012 at 5:37 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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What damages have you sustained from this insult? No lawyer would touch this case.
Answered on Oct 12th, 2012 at 9:47 AM
Lisa Hurtado McDonnell
You can sue but will you win? He is entitled to his opinion. It just your word against his. Have you given him a letter from your doctor stating your injury and limitations?
Answered on Oct 11th, 2012 at 3:53 PM
Ronald A. Steinberg
Ignore him. If your doctor says that you were hurt, then the doctor's opinion is worth more than your boss' opinion. There is an old expression: "If you don't say anything, people may think that you are a fool. Once you open your mouth, you remove all doubt." Your boss opened his mouth, and not being a doctor, and not knowing anything, he has proven that he is a fool.
Answered on Oct 11th, 2012 at 3:27 PM
It's a type of "defamation." What are your damages? Embarrassment? Etc.
Answered on Oct 11th, 2012 at 3:24 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Yes, but you have to have actual financial damages.
Answered on Oct 11th, 2012 at 1:27 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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No. You can't sue if the company has WC insurance. Guess where you're not ever working again? Except, if you don't whine about your back, the insurance company will be on your side to get you back to work. Reduces their costs. So, if you want to aggravate the boss and work for the same pay and so forth, use the insurer as an advocate to demand they take you back. Not kicking you when you were down. Thanks. See if you can pull the pimp play off. Then, you start looking for work, tell the boss you "respect" LOL him for taking you back but you would like to pursue other opportunities. "Would you write a short letter of recommendation outlining my work activities and that the choice to leave was mine?" He should see it as a path to getting rid of you. Good luck.
Answered on Oct 10th, 2012 at 1:05 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Workers comp is your remedy against a boss man. If you are really hurt the comp carrier takes care of you. if there is question you can have a hearing. Truth is truth. If you are just milking the situation you will lose. If you are really hurt find you a doctor who agrees with you and make it an issue to be heard by the Industrial Commission hearing officer .
Answered on Oct 10th, 2012 at 12:57 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Technically you may have a defamation case for slander. If it were me, I would have a lawyer send him a cease and desist letter advising of the law on defamation, the potential damages that he could be held responsible to pay for if it continues, and to keep his mouth shut, and that if it persists, you will sue. If you sued now, the law presumes damage to reputation when its slander per SE? (as it affects your work), but there is no guideline in the law as to what that means in terms of dollars. You would probably have a hard time finding a lawyer to take it on contingency at this point because you don't have large provable damages. If, for example, you got fired because he thought you were faking, and you could prove that you have a real objective injury, then you would have a good case with significant value.
Answered on Oct 10th, 2012 at 12:53 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You would have to show that you were financially damaged. You might check with the state labor board. Also report this to HR in your company. Instead of all that, why not just ask to meet with your boss, show him the letter from your doctor and just tell him that you are not faking anything, you couldn't even if you wanted to, it's the doctor who makes the call. Keep your cool, don't accuse him of being unfair even if he is, just appeal to his sense of logic and fairness.
Answered on Oct 10th, 2012 at 12:45 PM