QUESTION
Can I sue my employer due to an injury caused by their negligence?
Asked on Nov 06th, 2013 on Personal Injury - California
More details to this question:
I was sitting in a roll back chair. When I went to turn around, the chair broke because someone had removed a bolt, the bolt that holds it together.
17 ANSWERS
William M Stoddard
No. Unions and other organizations fought to get workers comp as a remedy for paying for the cost of care and some of the losses of injury on the job. This was back in the 1930's. It was put into law only because employers got a waiver of negligence, meaning workers comp is the ONLY remedy to injuries on the job. In the past, one had to prove negligence to get anything. Literally 70% of injuries on the job, just happen. Many jobs are dangerous. So there was this trade off, everybody who is hurt gets something, and those who are hurt due to negligence only get workers comp.
Answered on Nov 13th, 2013 at 5:03 AM
Personal Injury Attorney serving St. Louis, MO
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The S.E. Farris Law Firm
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Perhaps. If you have more details or specific questions, feel free to contact us.
Answered on Nov 12th, 2013 at 4:06 AM
Employment & Labor Attorney serving Weston, FL
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Behren Law Firm
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You probably want to speak with a workers comp lawyer.
Answered on Nov 12th, 2013 at 3:07 AM
Ronald A. Steinberg
if it happened on the job, you have a workers compensation case.
Answered on Nov 08th, 2013 at 5:08 PM
Thomas Edward Gates
No, you can file a workman's comp. claim.
Answered on Nov 08th, 2013 at 5:08 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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If this happened on the job, you are protected by Workman's Compensation and you don't have to sue your employer. File your claim.
Answered on Nov 08th, 2013 at 5:08 PM
4 Awards
You will likely be limited to a workers compensation claim since your injury occurred while at work during the course and scope of your employment. Some states permit lawsuits, outside of the realm of workers compensation, to be brought against an employer if the injury was caused due to intentional conduct or highly reckless behavior. You did not indicate in your posting why the bolt had been removed. If it was deliberate and designed to hurt you, you may be able to bring such a lawsuit (assuming your state permits such). If the chair had broken or failed for some other reason, you potentially could have had a products liability lawsuit against the manufacturer and distributor. I would urge you to contact an experienced personal injury attorney to review the specific details of your case. An experienced personal injury lawyer should be able to provide you with specific guidance on all of the potential claims you may have available to you.
Answered on Nov 08th, 2013 at 5:07 PM
Estate Planning Attorney serving Seattle, WA
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Law Offices of Scott K. Wilson
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No you can not sue your employer for a workplace injury caused by negligence. There is employer immunity for this but you have the right to file a claim for workers compensation. If a co worker removed the bolt intentionally as a prank to cause your chair to fall over, that is an intentional tort and you can sue your coworker.
Answered on Nov 08th, 2013 at 5:07 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will have to prove the negligence which is difficult, but you should have a worker's comp claim.
Answered on Nov 08th, 2013 at 10:01 AM
James Eugene Hasser
If you were hurt on the job, your exclusive remedy is for comp benefits with very narrow exceptions. There's a possibility that you fall within one of those exceptions. Consider consulting an experienced worker's compensation lawyer.
Answered on Nov 08th, 2013 at 10:00 AM
Civil Litigation Attorney serving Gadsden, AL
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Ford, Howard & Cornett, P.C.
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If you can prove that someone intentionally removed the bolt with intent to injure or with knowledge that serious injury was likely to occur, you may have a co-employee claim. If you were injured and your employer is covered by the Alabama Workmen's Compensation Act (most are), then you have a valid work comp claim.
Answered on Nov 08th, 2013 at 9:59 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Workplace accident is a worker comp case. See a lawyer if you are really hurt.
Answered on Nov 07th, 2013 at 11:37 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. 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 Nov 07th, 2013 at 11:37 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Not in Michigan. You may collect workers compensation for on the job injuries. If there is a 3rd party (ie: someone other than your employer/co-employee) that was negligent, you may have a case vs. them (however, any work comp paid will be a lien on any recovery therein).
Answered on Nov 07th, 2013 at 11:37 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Sure, and maybe his homeowner's insurance will pay. Talk with a local personal injury attorney regarding the amount that you can expect to receive.
Answered on Nov 07th, 2013 at 11:36 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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In Florida, your exclusive remedy is workers compensation for an on-the-job injury if it was your employer who caused the injury.
Answered on Nov 07th, 2013 at 11:36 PM
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 07th, 2013 at 11:35 PM