Can he sue for intent to harm after my husband's truck broke down while at work? 19 Answers as of April 07, 2014

The site manager had the mechanic pull the vehicle from the grave yard. This of course is exactly the way it sounds. They are vehicles that are deemed unsafe for operation and have been put into this area until they can be serviced. They told my husband that he had to use that truck and it was operational. However, when he was transporting 40 ton of rock up a hillside, the brakes gave out and needless to say, he suffered some injuries such as 6 broken ribs, 3 transverse vertebrae fractures, severe herniation of the lumbar sacral spine with nerve compression that affected his bladder and his leg. He had back surgery but his nerve damage has been dx as permanent. This is not the first time they have put him or other employees in vehicles that are unservicable. Actually, the company was just fined a hefty amount of money for lack of maintenance.

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LAW OFFICES OF ARMAN MOHEBAN | ARMAN MOHEBAN
You need to file a claim for worker's compensation benefits that cover temporary disability benefits, ongoing medical treatment and a settlement for permanent disability and future medical care.
Answer Applies to: California
Replied: 4/7/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
He certainly has a workers comp claim, but he also has a negligence claim, in my opinion. He needs to see a lawyer who does both.
Answer Applies to: California
Replied: 4/4/2014
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Your husband has a workers compensation case against the employer.
Answer Applies to: Michigan
Replied: 4/4/2014
Lawson & Weitzen, LLP | Steven M. Buckley
In Massachusetts the Workers' Compensation Act, G.L. c. 152, is an employee's exclusive remedy for work-related injuries. Lawsuits can only be pursued if someone other than the employer was negligent. However, if an injury results from the serious and willful misconduct of someone exercising supervision on behalf of the employer, a claim under section 28 is available against the employer and, if successful, requires the employer to double all payments made by the insurer on the claim, including for medical treatment.
Answer Applies to: Massachusetts
Replied: 4/3/2014
Graves Law Firm
Graves Law Firm | Steve Graves
He may have a case. He should see a lawyer.
Answer Applies to: Texas
Replied: 4/3/2014
    Law Offices of John W. Merting, P.A.
    Law Offices of John W. Merting, P.A. | John W. Merting
    He needs to talk to an experienced Workers' Compensation attorney. Under these facts he may have a claim beyond Workers' Comp benefits.
    Answer Applies to: Florida
    Replied: 4/3/2014
    Durham Jones & Pinegar | Erven Nelson
    First, your husband needs to look into workers compensation. But, depending on your state of residence, he may also have claims in addition to the workers compensation. He needs a good lawyer.
    Answer Applies to: Nevada
    Replied: 4/3/2014
    Gates' Law, PLLC | Thomas E. Gates
    He may be limited by workman's comp. Contact a personal injury attorney to assist you.
    Answer Applies to: Washington
    Replied: 4/3/2014
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Normally, the exclusive remedy against the employer for such an injury would be for comp benefits. However, there are a few limited exceptions and your husband's case may fall within one or more. To be sure, contact an experienced injury lawyer familiar with both comp and third party liability cases.
    Answer Applies to: Alabama
    Replied: 4/3/2014
    Wayne J. Wimer, Inc. P.S.
    Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
    There are instances where an employee has been able to sue the employer notwithstanding the fact that the Workman's Comp statutes protect the employer from being sued so long as the employer had the coverage in place. A number of years ago in Washington state, an employee was able to sue Boeing (I believe it was Boeing) for an on the job injury. You may be able to fit under that legal concept and go after the employer.
    Answer Applies to: Washington
    Replied: 4/3/2014
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    If one is injured on the job his sole remedy against the employer is worker's compensation. If he was injured he should file a claim. Contact an attorney to be represented.
    Answer Applies to: New York
    Replied: 4/3/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    He obviously has a worker comp claim. Whether he can go beyond that because of the evil behavior of the boss is another matter. see a good comp lawyer and review all the facts.
    Answer Applies to: North Carolina
    Replied: 4/3/2014
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    Your husband has a Workers' Compensation claim. Your husband MAY be entitled to several hundred thousand dollars on the WC claim. Make sure that he has a VERY experienced WC attorney. For Illinois Workers' Compensation claims, you will ALWAYS cheat yourself if your do not hire experienced counsel. You will have someone to guide you through the process AND when it is time to settle, an attorney can add value to your case IN EXCESS of his fee. So, you have fewer headaches AND you get more money. It really is a no-brainer. You can find an experienced Workers' Compensation attorney here on Law QA. Attorneys on Law QA want to help you but we are not permitted to solicit your business. You must contact us.
    Answer Applies to: Illinois
    Replied: 4/3/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Unfortunately, his only remedy is Worker's Compensation.
    Answer Applies to: New York
    Replied: 4/3/2014
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    In Iowa injured workers file workers' compensation claims unless what was done amounts to gross negligence. This set of facts just might qualify as meeting the legal criteria for gross negligence. Go find a lawyer who litigates in district court as well as before the Iowa Industrial Commissioner.
    Answer Applies to: Iowa
    Replied: 4/3/2014
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    While ordinarily injuries on the job are limited to worker's compensation, where injuries are reasonably expected to occur, there is an exception to the general rule. Go see a good personal injury attorney right away.
    Answer Applies to: Florida
    Replied: 4/3/2014
    Doroshow, Pasquale, Krawitz & Bhaya | Donald E. Marston
    This is certainly a workers compensation claim. In Delaware, it is virtually impossible to sue an employer for a work related injury.
    Answer Applies to: Delaware
    Replied: 4/3/2014
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    Your husband would probably be able to pursue a workers' compensation case. We would have to review the facts to see if you have additional options.
    Answer Applies to: Illinois
    Replied: 4/3/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Seeing an attorney, if your allegations are provable it is very likely the company could be sued for negligence and other things beyond the simple Workmen's Comp. claim. That would be appropriate here given your husband's injuries and the companies actions. Please, see an attorney, you have rights.
    Answer Applies to: Michigan
    Replied: 4/3/2014
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