QUESTION
I was hospitalized for weeks due to MRSA on lung which was caused by my employer. Can I sue them since I almost lost my life?
Asked on Aug 06th, 2013 on Personal Injury - California
13 ANSWERS
If the MRSA was caused by your employment it would be covered only under workers' compensation in Iowa.
Answered on Aug 14th, 2013 at 10:02 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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How do you propose to prove your employer gave you a bacteria?
Answered on Aug 14th, 2013 at 10:02 PM
Plaintiffs Personal Injury Attorney serving New Orleans, LA
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David A. Easson
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You can make a workers compensation claim perhaps but can't sue
Answered on Aug 14th, 2013 at 10:02 PM
Personal Injury Attorney serving Mission Viejo, CA
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Law Firm of Rivers J. Morrell III
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If this happened while you were working, then your remedy is workers compensation. If you can show that there was gross and/or willful misconduct you may have other remedies.
Answered on Aug 14th, 2013 at 10:02 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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All you can get is worker's compensation if you can prove you were injured on the job.
Answered on Aug 14th, 2013 at 10:02 PM
James Eugene Hasser
It sounds like you have a comp claim. Consider talking to a comp lawyer. As far as whether the hospital is at fault for you getting MRSA, it would take a medical expert's opinion to prove your case. However, unless serious permanent injury or death occurs, any potential recovery would probably outweigh the costs of pursuit. Your best claim appears to be the comp claim.
Answered on Aug 14th, 2013 at 10:02 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In SC, you may have a case against them for negligence and/or one of many other torts OR for workers compensation. It would depend on your job, the scope of your employment and your duties. You should talk to a local attorney prior to taking any action and/or inaction in regards to this matter.
Answered on Aug 14th, 2013 at 10:02 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 (even if they were negligent) and damages for "pain and suffering" is not available. You do have to prove that the MRSA was caused by an accident at work. 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.
Answered on Aug 14th, 2013 at 10:02 PM
Thomas Edward Gates
If you have workman's compensation you can file a claim, but not sue.
Answered on Aug 14th, 2013 at 10:01 PM
You should file a claim for worker's compensation benefits that include ongoing treatment, temporary dis ability benefits if you can't work, a settlement for permanent disabilities and future medical care.
Answered on Aug 14th, 2013 at 10:01 PM
Work related injuries limit the cause of action to a claim with the Workers' Compensation system, which does not take into account that you almost lost your life. Only your percentage of permanent disability matters, assuming that all the medical treatment has been taken care of and you do not need any more and all temporary disability has been handled.
Answered on Aug 14th, 2013 at 10:01 PM
Personal Injury Attorney serving Kansas City, MO
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Nash & Franciskato Law Firm
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If the condition and hospitalization was the result of an on the job injury then you can file a workers compensation claim.
Answered on Aug 14th, 2013 at 10:01 PM
It sounds like you need to file a workers compensation claim.
Answered on Aug 14th, 2013 at 10:01 PM