QUESTION
What should I expect when suing my employer?
Asked on Sep 28th, 2012 on Personal Injury - California
More details to this question:
I was injured during my company’s renovation of walls and ceilings. I contacted aspergillums in my lungs and have been sick for about 1 year, and not getting better. I have lost my job and am collecting workers compensation. Should I go after my company for neglect? They did not follow demolition procedures to put up plastic or ventilation to protect their employees. HELP!
18 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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You need to contact because you may have what is called a third party case.
Answered on Oct 04th, 2012 at 12:13 AM
You should contact the State's worker's compensation Commission for help with your work-related injury.
Answered on Oct 02nd, 2012 at 9:41 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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Willful allegations can increase your damages, but your worker's compensation counsel will know that.
Answered on Oct 01st, 2012 at 2:08 PM
Bankruptcy Attorney serving Bellevue, WA
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Wild Sky Law Group, PLLC
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Usually you cannot sue your employer, only get workers' compensation. However, if your employer hired an outside contractor to do the demolition who did not follow proper safety procedures, you might be able to pursue a claim against that outside party.
Answered on Oct 01st, 2012 at 1:14 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Worker compensation is your remedy against an employer.
Answered on Oct 01st, 2012 at 12:23 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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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. 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 covered. There may be another possibility, if there some party other than your employer who caused your injury. Did your employer perform the renovation itself, or hire a contractor? Was there a hazardous product that caused your illness?
Answered on Oct 01st, 2012 at 11:46 AM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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You cannot sue your employer. Your only recourse is workers comp.
Answered on Oct 01st, 2012 at 2:09 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Normally you cannot sue your employer for neglect for injuries suffered on the job. Workers comp is your exclusive remedy. If a person or company who does not work for your employer 9a 3rd party) had some responsibility in causing the dangerous condition, you could sue the 3rd party.
Answered on Oct 01st, 2012 at 2:09 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will have a difficult time. WC is generally your exclusive remedy.
Answered on Oct 01st, 2012 at 2:09 AM
Ronald A. Steinberg
That is workers compensation.
Answered on Oct 01st, 2012 at 2:09 AM
You can go to work every day and not even realize that you're being exposed to harmful chemicals and toxins in the air. Workers in some industries, including coal mining, construction and chemical manufacturing face toxic environments that often exceed OSHA levels.
Answered on Oct 01st, 2012 at 2:08 AM
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 Oct 01st, 2012 at 2:08 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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NO LAWSUIT AGAINST EMPLOYER. Thank god you have comp. You might sue the demolition company or the owner of the building. You can't sue the employer if they have work comp insurance. Don't smoke, you'll be fine. Get a better job. You will be disappointed in the OD monetary payments in most states.
Answered on Oct 01st, 2012 at 2:07 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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You cannot sue your employer.
Answered on Oct 01st, 2012 at 2:02 AM
Workers Compensation Attorney serving Atlanta, GA
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The Law Offices of Laura M. Lanzisera
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Cannot sue employer except for in WC but we can help you increase value and settle claim.
Answered on Oct 01st, 2012 at 1:55 AM
In Iowa you can't sue your employer for simple negligence. In exchange for giving up that right the workers' compensation act was enacted. There are instances where you can sue the supervisors or co-workers but this format won't allow for providing a valuable answer. See a lawyer who can sit down with you, do some investigation and determine if you have a case.
Answered on Oct 01st, 2012 at 1:54 AM
Automobile Accidents and Injuries Attorney serving Santa Ana, CA
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Law Offices of Maurice L. Abarr
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Your question presents several other questions that need to be followed up with before your essential question can be answered. IF your employer (and no third parties hired by your employer) is the ONLY one responsible for your lung disorder than your remedies are limited to those available with your Workers' Compensation claim. The remedy that may be available to you in your Workers' Compensation claim would be to seek additional benefits for the Serious and Wilful Misconduct of your employer. A word of caution, however: There various severe and strictly enforced time limits on both the 3rd party possibility and the Serious and Wilful Misconduct remedy. You need to consult with a law firm that understands both fields of law (i.e., 3rd party litigation and Workers' Compensation benefits). Let us know if we can help you answer any more questions in either field of law.
Answered on Oct 01st, 2012 at 1:50 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Typically you are limited to worker's compensation remedies for employment injury. You did not state why you lost your job. If it was in any way related to the mold issue or complaining about it, you may have a discrimination claim. You should contact an employment attorney in your are for a free consultation.
Answered on Oct 01st, 2012 at 1:49 AM