QUESTION
Can I sue the employer after a 220 electric shock, and is now having Epilepsy seizures?
Asked on Jan 25th, 2013 on Personal Injury - New York
More details to this question:
I was cleaning a fry holder. Unknown to anyone there was a 220 plug in top corner covered by aluminum foil. When I touched it my world has been stopped, can’t do the small things I loved (Drawing, working with show dogs, etc.)
13 ANSWERS
John J. Carney
You must settle through Workman's Compensation. That limits their liability.
Answered on Feb 25th, 2013 at 1:41 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You cant sue your employer but you can make a worker comp claim.
Answered on Jan 30th, 2013 at 9:20 PM
Workers' Compensation Attorney serving Seattle, WA
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The Grady B. Martin Law Office
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You probably have a workers compensation claim. You need to file a claim if you have not done so. You may be entitled to one or more of the following benefits: 1) additional medical treatment, 2) additional timeloss or loss of earning power benefits, 3) an award for permanent impairment, 4) vocational retraining or a pension. You should call an attorney to discuss your claim. An attorney will ask you questions about the status of your workers' compensation claim, what formal legal orders have been issued, your employment status, your medical status, and other issues. If appropriate, an attorney might get a copy of your entire claim file to review it in detail. He or she will then be able to explain what additional benefits you may be entitled to and whether you would benefit from actually having an attorney represent you.
Answered on Jan 30th, 2013 at 7:46 PM
Lisa Hurtado McDonnell
Generally you file a claim against your employer workman compensation policy. It will pay for medical bills and job losses and you can get a permanent disability if a doctor will document it.
Answered on Jan 29th, 2013 at 11:52 PM
Ronald A. Steinberg
Workers compensation will pay your medical bills, and your wages while recuperating and retraining.
Answered on Jan 29th, 2013 at 11:31 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You can file a workers compensation claim.
Answered on Jan 29th, 2013 at 10:45 PM
Automobile Accidents and Injuries Attorney serving Santa Ana, CA
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Law Offices of Maurice L. Abarr
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Yes and you may also have a 3rd party case. 800 644 6587.
Answered on Jan 29th, 2013 at 9:56 PM
James Eugene Hasser
Your exclusive remedy for an on the job injury is for compensation benefits. That's all you get unless you can prove that your case fall within one of the exceptions to the comp Act or you can show that you were injured as a result of the negligence of someone other than your employer or a co-worker. A thorough investigation should be conducted as to why that plug was covered by aluminum foil and who did it. There is a possibility that your case falls within one of the exceptions to the law or that a third party is liable. I am presuming from your description of your injuries that they are not keeping you from returning to work but that they are affecting other areas of your life. The Comp Act is designed only to pay a person for the effect the injuries have on his or her ability to work. It is not designed to pay for anything else, such as the enjoyment of life intangibles. If you have a case outside of the Comp Act, you can possibly get paid for those intangible injuries.
Answered on Jan 29th, 2013 at 8:39 PM
Yes you can for workers' compensation but if the condition amounts to gross negligence you can sue in tort.
Answered on Jan 29th, 2013 at 8:38 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 you were injured on the job, then your starting point should be to contact a lawyer who specializes in State Industrial Insurance Claims.
Answered on Jan 29th, 2013 at 8:20 PM
You need to make a workers compensation claim since the injury occurred while you were at work. You should look for reimbursement of medical bills and disability.
Answered on Jan 29th, 2013 at 7:00 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Your sole remedy for an accident at work is worker's compensation.
Answered on Jan 29th, 2013 at 6:42 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. But: you should get some advice as to whether the schedule award is your best option. Depending on your situation, you may be better off getting disability payments and having your medical expenses taken care of.
Answered on Jan 29th, 2013 at 12:48 AM