QUESTION
Can I sue my job from knee injuries over the years of walking on concrete?
Asked on May 15th, 2013 on Personal Injury - California
More details to this question:
I worked for home depot for 15 years and I have been having problems with my right knee for over 8 years.
9 ANSWERS
Ronald A. Steinberg
That is called Workers Compensation. Yes, you can make a claim. Yes, you may end up losing your job. You should speak to a comp specialist to determine your viable options.
Answered on May 16th, 2013 at 1:06 PM
You can file a Workers' Compensation claim but you must prove that the cumulative trauma caused the injury to the knee or worsened it. which is likely.
Answered on May 16th, 2013 at 1:06 PM
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I doubt it but you might talk to a comp attorney.
Answered on May 16th, 2013 at 1:05 PM
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Andrew T. Velonis, P.C.
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You cannot "sue" your employer as such, but if your doctor confirms that your knee injuries are due to your working conditions, you can file a workers compensation claim. 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. Be prepared though, the comp carrier may likely claim that your condition was caused by natural aging processes rather than working conditions. You will need a lawyer for all of this.
Answered on May 16th, 2013 at 1:05 PM
If you can get a doctor to relate the two then yes you have a valid workers' compensation claim. There is a case in Illinois involving prison guards that is right on point.
Answered on May 16th, 2013 at 1:05 PM
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Talk with a worker's comp attorney. You might be able to win. Wouldn't count on it, but it might work.
Answered on May 16th, 2013 at 1:04 PM
James Eugene Hasser
With no single traumatic event, you may have an occupational injury claim. If your doctor will testify under oath that your knee condition is work related, then you may have a comp claim.
Answered on May 16th, 2013 at 1:04 PM
Lisa Hurtado McDonnell
Well have you document your injury started there. Did you tell your doctor? Did you tell your boss or your employer? Can there be another cause of your knee injury? It the condition hereditary?
Answered on May 16th, 2013 at 1:04 PM
Yes, your injuries are classic injuries recognized under worker's compensation laws as Cumulative trauma (C.T.) injuries which is caused by repetitive motion such as standing on your feet for a long period of time, excessive lifting, bending, pulling, pushing, etc.
Answered on May 16th, 2013 at 1:02 PM