QUESTION
Can I sue the company I used to wor for due to bad treatment after I hurt my back?
Asked on Dec 04th, 2013 on Personal Injury - Georgia
More details to this question:
I hurt my back last year and was given workers compensation claims. However, I felt pressured to come back to work. Can I sue? The company paid for doctors x-ray and physical therapy but I was still hurting. I quit my job a few months ago because they started treating more poorly like I had done it on purpose.
10 ANSWERS
Any claim would have to be under the Labor Code. You need to see a Workers' Compensation specialist to see if there was any discrimination against you on account of your injury. Your employer will deny it so you need co-workers as witnesses.
Answered on Dec 12th, 2013 at 1:51 AM
James Eugene Hasser
Your exclusive remedy for an on the job injury against your employer is for comp and medical benefits. You have 2 years from the date of accident or last payment of comp, whichever is later, to file a claim for comp or you are forever barred from doing so. There is no time limit on filing a medical claim. The comp Act is designed to pay a person for the effect an injury has on his or her earnings ability. If you have a permanent set of physical restrictions that affects your earnings, you may have a claim for permanent benefits. My guess is you probably didn't if you went back to work earning the same amount of money. I am also guessing you did not help your situation by quitting. Check with an experienced workers' comp lawyer for your rights.
Answered on Dec 09th, 2013 at 5:21 PM
Ronald A. Steinberg
Yes. It is called workers compensation.
Answered on Dec 09th, 2013 at 5:20 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If your claim is settled (I assume it is) it is all over. Quit trying to make something of nothing. If the claim is still open make sure you get proper doctor care. Emotion has nothing to do with a compensation claim if you don't like the boss and he doesn't like you move on.
Answered on Dec 06th, 2013 at 11:08 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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All you might be able to do is reopen the worker's compensation claim.
Answered on Dec 06th, 2013 at 11:08 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You workers compensation case remains your remedy, with a potential added count for retaliation if you have the proofs.
Answered on Dec 06th, 2013 at 11:06 AM
You can't really sue, but you can file a workers' compensation claim. Some lawyers specialize in these types of claims. That's what you need, a seasoned workers' compensation lawyer.
Answered on Dec 06th, 2013 at 11:06 AM
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 Dec 06th, 2013 at 11:06 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No, what you consider "pressure" is what they would describe as "encouragement". After that, you decided to quit. They gave you good reason to want to quit, but it was your decision to do so.
Answered on Dec 06th, 2013 at 11:04 AM
Workers Compensation Attorney serving Atlanta, GA
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The Law Offices of Laura M. Lanzisera
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You can potentially still pursue your wc claim.
Answered on Dec 05th, 2013 at 7:44 PM