Can I sue my employer for an injury at work?

Question

I got injured from an onion slicer at work. I cut my finger really bad that I had to go to the ER to put stitches. 5 stitches total. The blade didn't touch the bone and looks like so far no major nerve damage. The employer insurance paid for the medical care. My question is can I sue the employer for the injury? and if I can, how much money can I get out of it?

Reza Torkzadeh · Answer

There are many factors that may play a role in whether you can sue your employer or not.  In California, there are many worker's compensation laws that may preclude that however, there are some exceptions that relate to injuries at the workplace and suing your employer.  One thing that you may want to consider is speaking with an attorney regarding the onions slicer itself.  Perhaps the slicer was an unsafe product or had a dangerous design and as such, you may have a product liability claim against the manufacturer of the slicer.  I suggest you immediately speak with an attorney regarding your options.

Joseph B. Iarussi · Answer

No you can not sue your employer, but you can file a claim for workers compensation.

David Stoddard · Answer

You can file a worker's compensation claim against the employer, but not a civil lawsuit.  How much you can get depends on how much, if any, permanent impairment there is to your finger and what your average weekly wage is.

Kevin Habberfield · Answer

Typically, no. Suits against employers are prohibited under the Worker's Compensation law. You need to file a worker's compensation claim immediately. It is possible you could recover some wage loss this way as well as make sure your bills continue to be paid. The only viable option for suit that I can think of is a products liability claim against the manufacturer of the slicer, however, these are very costly and difficult. You should see a products liability attorney in your area as soon as possible.   I hope you heal up well.

Jared Altman · Answer

You can't sue your employer unless he failed to provide workers compensation insurance and you elect not to pursue benefits through the uninsured provisions of workers compensation. You may have a products liability claim against the manufacturer and distributor of the slicer. Consult an attorney either way.

Josh Lamborn · Answer

First, in your rendition of the facts it sounds like you were probably the one that caused your own injury using a slicer at work.  There is nothing to indicate that your employer or anyone other than you were responsible for your injury.  Therefore, from the facts presented, you would probably lose such a lawsuit.  Second, in Oregon you are not permitted to sue your employer for a workplace injury if they are covered by worker's compensation insurance.

Jeffrey Wittenbrink · Answer

Injuries at work are covered by the Louisiana Worker's Compensation statutes. You may not sue your employer for an injury at work unless he intentionally (purposely) injured you.  Worker's Compensation will cover your medical expenses for the injury, and if you are disabled from working will pay you compensation until you are well enough to work. Sometimes you may be injured due to the fault of a third party at work. For example, a machine you are using may be defective, and you may be injured due to the defect in the machine.  You should consult with an attorney about worker's compensation and about the possibility that your injuries were caused by the fault of a third party.

Thomas Patton · Answer

You have a work comp claim. You should open a claim with your employers work comp insurer.

Todd Rayan · Answer

Workplace injuries are covered by Worker's Compensation through L&I. There is no basis for recovery unless the employer was somehow grossly negligent.

Barry Rabovsky · Answer

You may have a case, based upon the information that you have supplied.  We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below.  If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.

Earl Straight · Answer

Whether you can sue your employer first depends on whether your employer carries workers compensation insurance.  If they do, your only remedy is to pursue a workers compensation claim, you cannot sue your employer in that situation.  If they don't carry workers comp insurance, you have the right to sue them, but only if you can prove that the injury was your employers fault.  The mere fact you were injured at work is not enough, you have to show your employer committed some act of negligence that directly caused your injury.

Thomas Bulman · Answer

Too bad you didn't slice one of them off.  That would be worth about $2000 plus medical expenses and a few weeks of wage loss.  If you went back to work with a bloody bandage within 4 days, you just get medical expenses.  Since you cut your own finger, why would you feel justified in suing your employer?  Sounds like you made unsafe choices about how to slice the onion?

Bernard Huff · Answer

Generally, the answer is no. You should seek relief through your local workers' compensation agency. However, you may want to consult with a plaintiff's workers' compensation lawyer to get more legal clarification on your specific employment matters.

Paul Whitfield · Answer

No . In NC you must use the worker comp law which you are already doing. You cant sue the employer beyond making a WC claim

Andrew R. Lynch · Answer

You probably need to pursue a worker's compensation claim. Essentially it allows you to recover for your injury and negligece is not at issue.

Rudolph F. X. Migliore · Answer

The worker compensation laws provide for injuries incurred at work on a no-fault basis, meaning regardless of whether it is the employers fault or the employees fault the claim is paid through the workers compensation law. However, in providing for claims on a no-fault basis, the law bars employees from suing their employer. Accordingly, your solution is to file a workers compensation claim.

Richard Copeland · Answer

Generally, you cannot sue your employer for an on-the-job injury.  Virtually all Colorado employers are required to carry workers' compensation insurance, and that is the employee's exclusive remedy when injured on the job.  Second, I wouldn't recommend a lawsuit over your injury in the first place.   You'd waste more time in the litigation than you'd ever get out of it.

Timothy Klisz · Answer

Workers compensation is your exclusive remedy for an on the job injury.

Lyle Masnikoff · Answer

Yes.  Through a workers comp claim.  Amount depends on what treatment doctors say u will need.  Call a workers comp attorney like me

A. Woska · Answer

Despite popular urban legends, a lawsuit is not like the lottery. The damages in a work related claim are normally detailed down to injuries to fingers. It is done under workman's compensation law. The question about how much you can get will be according to schedule as set out in the workman's compensation materials.  Contact and interview a workman's compensation lawyer, determine what your damages might be and make your decision based on the best information available.  "Direct threats require decisive action."

James Kelaher · Answer

In Florida, your exclusive remedy is workers' compensation.

Mark Leonardo · Answer

Work injuries are governed by workers compensation.  You need to contact a workers compensation attorney and inquire with attorney as to your options.

Steven Fink · Answer

You have a workers comp claim only, against your employer.  If slicer was defective you might have a claim against the manufacturer.

Richard Lowell · Answer

Under almost all circumstances, the answer is 'no.'  Your employer is protected by the worker's compensation laws.  You can (and should) make an L&I claim - and the L&I program should provide you with medical payments, wage loss benefits, and other statutory benefits where appropriate.

Paul Bovarnick · Answer

If you were injured in Oregon, you can only get workers compensation. You cannot sue your employer under these circumstances.

Eric Rothstein · Answer

Do you have worker's compensation coverage? If YES, you can't sue but you may have a worker's comp claim.

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