QUESTION
Is workers' compensation all I can get for a work related injury? How?
Asked on Apr 21st, 2015 on Personal Injury - California
More details to this question:
I received a back injury while on the job. Is this the only remedy that I can get from my employer workers' compensation or is there anything else that I can do?
13 ANSWERS
Edwin K. Niles
If the injury resulted from the negligence of someone else, you might have a potential claim for your injuries, including for pain and suffering.
Answered on Apr 23rd, 2015 at 6:05 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally yes, but a good attorney representing you in the WC claim will be looking for other possibilities for further recovery as well.
Answered on Apr 22nd, 2015 at 8:57 PM
Ronald A. Steinberg
Yes, unless your injury was caused by a non-coworker.
Answered on Apr 22nd, 2015 at 8:57 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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WC is often your only remedy unless the injury was caused by a non-employee. Consult a skilled personal injury lawyer.
Answered on Apr 22nd, 2015 at 8:46 PM
The only thing you can get for an on the job injury from your employer is Workers' Compensation; if some one else was at fault who is not a co-worker, you can sue them, but you have to prove they were at fault. If you successfully sue someone else, your employer's WC carrier is entitled to be repaid for the same damages you are being paid for in the civil suit. It will not cost you anything to speak to several WC attorneys to see if you might have a case against someone else.
Answered on Apr 22nd, 2015 at 2:41 PM
If an attorney can prove that your employer deliberately placed you in a dangerous position through lack of training, disregard of safety regulations, or provided equipment that was unsafe due to design or lack of maintenance, you may have an additional personal injury claim which would be for the most part separate from the Worker's Comp. claim. Contact an experienced work injury attorney for a free consultation. There may be a suit against your employer or a third party such as an equipment manufacturer. Best regards, and good hopes for your future.
Answered on Apr 22nd, 2015 at 12:21 PM
Thomas Edward Gates
Unfortunately, that is all that you can receive.
Answered on Apr 22nd, 2015 at 11:49 AM
James Eugene Hasser
Your exclusive remedy for an on the job injury is for compensation benefits. However, there are exceptions. Consider consulting an experienced comp lawyer to see if you qualify. Good luck.
Answered on Apr 22nd, 2015 at 11:48 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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It depends. Typically, a back injury is limited to workers compensation. If you fully recover, you have a rehiring preference, meaning you should be offered the next open position. Depending on the amount of reduction in wage capacity, you might be able to request vocational retraining. Each case is different and depends on your situation. If they have terminated your biweekly payments, then now would be a good time to have a qualified workers compensation law firm review your claim file.
Answered on Apr 22nd, 2015 at 9:06 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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As far as your employer is concerned, worker's comp is your only remedy. But, if there was someone else who caused or contributed to your injury, you can go after them. Typical examples include repair companies and janitorial companies. If this is a construction accident, possibly the project owner or contractor other than your employer.
Answered on Apr 22nd, 2015 at 9:05 AM
Personal Injury Attorney serving Overland Park, KS
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Ankerholz & Smith
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The general rule is that Workers' Compensation is the only remedy for job-related injuries, so you may not file a civil lawsuit against the employer. However, under certain circumstances the employer may have undertaken responsibilities that are not normally held by the employer. If a dual capacity is proved, an employer is subject to a civil lawsuit.
Answered on Apr 22nd, 2015 at 9:04 AM
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Gregory M. Janks, P.C.
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Unless another company/person, not part of your employer, somehow was negligent in causing your injury, work comp is typically your only remedy. If another person/companies negligence caused your injury, then they may be liable for such negligence in addition to your ability to claim workers comp. Also in a multi-employer work site, where someone/company creates/allows a significant risk to a # of workers to exist, then the general contractor/construction manager can have liability for failing to provide a safe place to work. So there are exceptions to the general rule of work comp being your exclusive remedy, but they are fact dependent.
Answered on Apr 21st, 2015 at 8:07 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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That depends. You should discuss it with a workers compensation attorney with far more information than you divulged here. Generally, with an insured employer you can pursue tort damages from the employer only through a capacity other than employee and/or against any responsible third party; but, you can pursue tort damages against an uninsured employer.
Answered on Apr 21st, 2015 at 7:51 PM