QUESTION
Can I sue my employer along with the third party for my injury?
Asked on Nov 12th, 2013 on Personal Injury - Florida
More details to this question:
I got 3rd degree burns on my lower left leg. A third party removed a grating and left a pit wide open in which I fell in. The safety manager of where I worked said he was unaware the pit was there and declared it a safe atmosphere to work in.
10 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 Nov 19th, 2013 at 4:11 AM
Auto Attorney serving Bloomfield Hills, MI
at
Gregory M. Janks, P.C.
Update Your Profile
Nope. Work comp from employer. Pain & suffering from 3rd party. WC has a lien on your 3p case.
Answered on Nov 14th, 2013 at 4:58 PM
Personal Injury Attorney serving Pasadena, CA
at
Law Offices of Pius Joseph
Update Your Profile
Yes, you can sue third party if third party is negligent. Claim against employer is limited to workers compensation unless exceptional circumstances exist.
Answered on Nov 14th, 2013 at 3:31 PM
Edwin K. Niles
You can make a workers compensation claim against the employer, and a negligence claim against the third party.
Answered on Nov 14th, 2013 at 3:30 PM
Ronald A. Steinberg
As long as the 3rd party is not a co-employee, you should be able to sue both. The employer gets sued in a workers compensation claim; the 3rd party gets sued in a circuit court action.
Answered on Nov 14th, 2013 at 3:29 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
As for your employer, you only have worker's compensation. However, you may be able to sue the third party for your injuries as well. Talk with a local personal injury attorney about next steps.
Answered on Nov 14th, 2013 at 3:28 PM
James Eugene Hasser
Your exclusive remedy against your employer is for compensation benefits, which are limited. However, it's open season on the third party.
Answered on Nov 14th, 2013 at 3:27 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
You can't sue your employer, your only remedy is Worker's Compensation. But yes, you can sue the third party and you can do both at the same time.
Answered on Nov 14th, 2013 at 3:24 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
You should have a worker's compensation claim as to your employer, the issue of the negligence claim against the third party is another matter and I would need more facts before I could form an opinion. It would appear that there could be a potential claim.
Answered on Nov 13th, 2013 at 8:18 AM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
Your exclusive remedy against your employer is workers compensation but you can still pursue a third party claim against the individual who removed the grating.
Answered on Nov 13th, 2013 at 7:58 AM