QUESTION
Can't I sue for pain and suffering, quality of life etc.?
Asked on Jan 27th, 2013 on Personal Injury - Montana
More details to this question:
Wife was injured her back at work and she was told to file for workers compensation. My understanding is you cannot file a civil or personal injury suit because we filed a workers compensation suit. She was never given any options.
16 ANSWERS
Regarding your wife, her claims against her employer are limited to workers compensation. But, she may also have a claim against another defendant depending on how she was injured. For example, if a product was defective and caused her injury she could have claims against the manufacturer and distributor of the product. You, as her husband, may have a claim for loss of consortium (her inability to have sexual relations and otherwise contribute to the marriage). She would need to amend her workers compensation claim, and you would file a third party claim in the workers compensation matter.
Answered on Jan 30th, 2013 at 6:55 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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Your inquiry leaves out pertinent facts. If she injured her back lifting a box of apples, she would under normal circumstances not have a cause of action against her employer and would be left with the L & I claim. On the other hand, if she was injured on the job by the negligence of some other employer's employee, she would still be covered under L & I, and would have a claim against the person who injured her as well. So, if she applied for L & I coverage and got it, and then sued the 3rd party and recovered from him, she would have to pay L & I back for what it paid out.
Answered on Jan 30th, 2013 at 6:54 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If injured in the course and scope of your job in NC you are limited to worker comp. your wife has no options. And you ask if you can sue, you cant sue for anything.
Answered on Jan 30th, 2013 at 6:53 PM
Ronald A. Steinberg
The only claim against an employer is workers comp. You get no choice.
Answered on Jan 30th, 2013 at 6:52 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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You should consult an attorney.
Answered on Jan 30th, 2013 at 6:51 PM
Her only option is to file a claim and application for benefits under worker's compensation laws.
Answered on Jan 30th, 2013 at 6:48 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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When you are injured as a result of an accident at work, your exclusive remedy against your employer is in workers compensation. You cannot file a civil lawsuit. If a third party who is not your employer caused the accident, you can file both a lawsuit against the third party and a workers compensation suit against the employer. An example would be were you are working along with a crew from another employer, and a member of the other crew is negligent, causing the accident.
Answered on Jan 30th, 2013 at 6:46 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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Your wife doesn't have a regular personal injury lawsuit because her employer carries workers' compensation coverage, not because she was fooled into accepting comp benefits. The law says if comp is available it's pretty much the only claim you have against your employer for an on-the-job injury. So it's likely she didn't waive any other rights by accepting comp benefits because she never had any other rights to sue.
Answered on Jan 30th, 2013 at 6:43 PM
James Eugene Hasser
There are no options. The exclusive remedy for an on the job injury (with certain exceptions that do not appear to apply here) is for worker's compensation benefits. Unfortunately, even though you and your family have been affected by her injury, you would have no claim. You might want to run the facts of the injury by a lawyer familiar with both Alabama comp law and Alabama accident law to see if one of the exceptions apply or to see if there are other options available.
Answered on Jan 30th, 2013 at 6:42 PM
Christian Joseph Menard
An employee's exclusive remedy against her employer for a job related injury is workers compensation. However, if there is any third party involvement in causing the injury, such as a defective piece of machinery, you can simultaneously file a civil suit for your injuries, including for pain and suffering, against the third party.
Answered on Jan 30th, 2013 at 6:41 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Workers Comp is generally the sole remedy for a work injury, but, as always there are exceptions.
Answered on Jan 30th, 2013 at 6:40 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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She wasn't given any options because she doesn't have any options. You cannot sue the employer for pain and suffering; worker's compensation is the only remedy against the employer for an injury on the job. If this were not the case, the employer might be able to say that the employee's negligence was the cause of the injury and not pay anything. Now if a piece of equipment failed that was manufactured by somebody else, there might be a claim against the manufacturer. Your wife should talk with her worker's compensation attorney to see if she can sue others.
Answered on Jan 30th, 2013 at 6:39 PM
Answer: Yes and no. Just because you file for workers' compensation doesn't preclude a civil suit. What precludes a civil suit is who would get sued. You can't sue the employer. You can sue third parties that are negligent and caused the injury and in very limited situations you can sue co-employees for gross negligence.
Answered on Jan 30th, 2013 at 6:38 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. There may be another possibility, if there some party other than your employer who caused the accident, such as a janitorial company or repair service. Accidents that occur on construction sites or car crashes during the course of employment have particular rules as well.
Answered on Jan 30th, 2013 at 6:37 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Under Florida law, an employees' exclusive remedy for an on-the-job injury is workers' compensation and you cannot recover non-economic damages.
Answered on Jan 30th, 2013 at 6:34 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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She doesn't have a choice. Workers' comp is her only claim.
Answered on Jan 30th, 2013 at 6:32 PM