Can I sue my company for my thumb that had been slammed in trailer door at work and somebody else caused my accident?

Question

I work at a landscaping company and somebody slammed the trailer door on my hand. I had to get stiches and my nail had to get a hole in it to release blood. I went to a doctor. I’ve had to call off work because of pain. They got me on light duty but there is no light duty in landscaping. They drug tested me. I passed but they didn't test they guy who caused my injury.

Georges Shers · Answer

You have a worker's compensation claim and can not file a civil suit against your employer. If the other employee deliberately injured you, you can sue the other employee, but your case is worth very little so at best you would have to file in small claims court and represent yourself.

Arman Moheban · Answer

You need to retain an attorney 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.

Geneva Yourse · Answer

In order to preserve your legal rights you have to file a workers' compensation claim. You should notify your employer as soon as you have an injury. Delay in filing could endanger your claim. You are unable to file a lawsuit outside of the confines of workers' compensation through the industrial Commission. All compensation will be received through the NC Industrial Commission. You should file a Form 18, if not already done.

Daniel Phillips · Answer

In Alabama you have to file a Workers' Compensation claim with your   employer.

Paul Whitfield · Answer

You cant sue but you can file a worker comp claim. See a comp lawyer or contact Industrial Commission in Raleigh and do it yourself

John Brennan · Answer

It would appear that you have an worker's comp claim.

Mark T. Peters · Answer

Doesn't matter if he had drugs or not.  Your remedy is worker's comp.

Barry Rabovsky · Answer

You may be able to file a workers' compensation claim for the injury to your thumb.

Linda Frieder · Answer

You can file a worker's compensation case.

Wayne Wimer · Answer

File a claim through Department of Labor and Industries.  The employer is required to have the coverage and if they didn't then they are subject to liability for your injuries and damages as if they in fact had the L & I coverage in place.

James Eugene Hasser · Answer

Your exclusive remedy for an on the job injury is for comp benefits with very few limited exceptions. Experienced workers compensation lawyers are familiar with those exceptions. Consider consulting one.

Ronald A. Steinberg · Answer

It is a workers compensation case.

Erven Nelson · Answer

You have a workers compensation claim, and could process it.

Andrew Velonis · Answer

You can't sue your company, but you are entitled to worker's compensation and possibly no-fault as well. But you said "someone else" caused the accident. If that "someone else" was not a co-employee, then you might have an action against that individual and/or employer.

Edwin K. Niles · Answer

Yes, see a workers comp lawyer.

Andrellos Mitchell · Answer

Litigation should be a last resort. Anyone can sue anyone. The issue is do you have a prima facie case? You need to consult with a lawyer.

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Can I sue my company for my thumb that had been slammed in trailer door at work and somebody else caused my accident?

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