Apart from filing a worker’s compensation claim, can I sue my employer for being liable for my injury? 13 Answers as of April 22, 2014

I am an EMT. My former employer mounted the box of an ambulance on the chassis of a dump truck. This made it higher at the back when loading patients. Also to cut costs, instead of having 2 EMT's on each truck he hired a female driver with no EMS experience. I tore the meniscus in my R-knee loading a patient. I have a worker’s compensation lawyer. I want to sue him directly because I have been out of work for a year and a half and my life has suffered greatly. I think he should pay.

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Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
Work comp is typically the exclusive remedy against an employer for an on the job injury. If you can prove that your employer intended to injure you, then you may have an intentional tort claim; however, such a case is an extreme long shot in most any situation. You may have some type of ergonomic product liability claim against the designer/fabricator/manufacturer of the rig, but such cases are expensive to pursue, may have damage caps and the work comp payments act as a lien on any recovery therein. You'd need to discuss this with a local Michigan product liability attorney.
Answer Applies to: Michigan
Replied: 4/22/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
If you have a lawyer, why ask us?
Answer Applies to: California
Replied: 4/22/2014
Candiano Law Office
Candiano Law Office | Charles J. Candiano
1. You have no other action 2. If your WC attorney was doing his job, your knee would have been repaired and you would have been back to work in less than 6 months. What is the hold-up?
Answer Applies to: Illinois
Replied: 4/22/2014
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
What you think and feel emotionally doesn't count for much. You have a comp claim and you are limited to that. Talk to your lawyer and he will explain the rules.
Answer Applies to: North Carolina
Replied: 4/21/2014
Doroshow, Pasquale, Krawitz & Bhaya | Donald E. Marston
I seriously doubt that you can sure your employer for your injury, despite their obvious negligence.
Answer Applies to: Delaware
Replied: 4/21/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    No. Worker's comp is it. You might be able to sue a third party that modified the vehicle.
    Answer Applies to: Idaho
    Replied: 4/21/2014
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    In Alabama the answer is no.
    Answer Applies to: Alabama
    Replied: 4/21/2014
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Comp only. In Michigan, to get outside of comp, you have to prove gross negligence, and what you have described isn't bad enough.
    Answer Applies to: Michigan
    Replied: 4/21/2014
    David Hoines Law
    David Hoines Law | David Hoines
    No. Probably not.
    Answer Applies to: Florida
    Replied: 4/21/2014
    Law Office of Gregory Krasovsky
    Law Office of Gregory Krasovsky | Gregory Krasovsky
    As a former EMT I empathize with your injuries and wish you a speedy & full recovery. Yes, there is a number of ambulances that are mounted on a truck chassis with higher floor height. For better or for worse, you claim against your employer is a worker's comp claim. Claims can be asserted against third parties for negligence, for instance if the ambulance model is a dangerous or defective design that's likely to cause injuries or if the ambulance manufacturer did not adequately and/or accurately issue warnings, instructions or training to consumers regarding how EMTs should use this ambulance model to avoid injuries. Whether you have a claim against an equipment/vehicle manufacturer and distributor depends on the particular facts of your claim, which would require additional information, consultations and research.
    Answer Applies to: District of Columbia
    Replied: 4/21/2014
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Your exclusive remedy against your employer for a job injury is for comp benefits. There are a few very limited exceptions, but I'm not sure you qualify based on your question detail. Discuss the matter with your comp lawyer. They should know. Good luck.
    Answer Applies to: Alabama
    Replied: 4/21/2014
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    You would not have a separate claim against the employer. Stick with your workers' compensation claim.
    Answer Applies to: Iowa
    Replied: 4/21/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    No, that's the trade-off. On a worker's comp claim you don't have to prove negligence. In fact, the employer does not even have to be negligent in order for the comp carrier to be obligated to pay benefits. But then, when an employer is negligent and the employee can prove it, comp limits the amount of the recovery. Talk to your lawyer about a schedule award.
    Answer Applies to: New York
    Replied: 4/18/2014
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