QUESTION
Can I sue my employer for back injury?
Asked on Jun 05th, 2013 on Personal Injury - California
More details to this question:
I work on an oil platform for a catering company and while unloading the grocery I hurt my back. Offshore before you can do a job you must do a job safety analysis first. My employer didn't perform a JSA. Can I sue ?
7 ANSWERS
Ronald A. Steinberg
It sounds like a workers compensation case. I am not sure if, by being on an offshore rig, the Jones Act (injuries to seamen) applies.
Answered on Jun 06th, 2013 at 9:44 PM
If the location where you were working has workers compensation, you must file a workers compensation claim.
Answered on Jun 06th, 2013 at 9:44 PM
James Eugene Hasser
Regardless of whether your employer filed a JSA, you have either a Long shore and Harbor worker's compensation claim or a Jones Act claim against your employer, depending on some more facts you have not provided. Good luck.
Answered on Jun 06th, 2013 at 9:44 PM
Auto Attorney serving Bloomfield Hills, MI
at
Gregory M. Janks, P.C.
Update Your Profile
In Michigan you may collect workers compensation for an on the job injury. Generally you may not sue your employer in tort. You mention "offshore", so if this is involving maritime law, it has a different set of rules. You would best consult with a lawyer handling maritime cases if this occurred on a ship or a workers comp lawyer if not.
Answered on Jun 06th, 2013 at 9:40 AM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
You have a worker comp claim. When there is worker comp you cant sue anybody. You file a claim against the co you work for
Answered on Jun 06th, 2013 at 9:40 AM
Employment Law Attorney serving Beverly Hills, CA
at
Dordick Law Corporation
Update Your Profile
If it is a work-related injury it would be covered by worker's compensation.
Answered on Jun 05th, 2013 at 10:27 PM
Yes. You immediately need to be referred to a doctor.
Answered on Jun 05th, 2013 at 9:21 PM