Lapin Law Offices | Jeffrey Lapin
Generally, the only claim you can make against your employer for a work injury is a worker's compensation claim. There are a couple exceptions to this rule, but, based on the fact that you stated you "filed a workers comp suit earlier" it appears that the worker's compensation claim is the only one you can bring against your employer. You can file a separate "civil suit." However, if a third-party, which is not associated with your employer, is responsible for your injury, you could bring a claim against this third party. For example, if you were "on the clock" driving from one work site to another and your vehicle was rear-ended by another vehicle (not associated in any way with your employer such as a co-worker), you would then have both a worker's compensation case against your employer as you were "injured in the scope and course of your employment" as well as a third-party claim (a "civil suit") against the driver/ owner of the vehicle that rear-ended you. DISCLAIMER: This response is based on the limited information provided, makes certain assumptions, and assumes that all events took place in Nebraska. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect your rights. If you believe you have a claim, you should consult an attorney immediately, otherwise there is a risk that the time allotted to bring your claim may expire.
Answer Applies to: Nebraska
Steven Harrell, Attorney at Law | Waymon Steven Harrell
You cannot sue the employer in tort, because workers' compensation laws provide tort immunity to employers. You could file a products liability suit against the manufacturer of any product that may have caused you injury, if your injury was caused by a defective product.
Answer Applies to: Georgia
Atterbury, Kammer & Haag | Eric J. Haag
Workers compensation is the exclusive remedy against the employer for a work injury. If there is a third party (not the employer) whose negligence caused the injury, then workers compensation exclusivity would not prevent a suit against the third party. This situation commonly arises in the case of a defective product or machine which failed and caused injury to a worker.
Answer Applies to: Wisconsin
Lacy Fields, Attorney at Law, LLC | Lacy Fields
No. You cannot file civil suit for any work related injuries provided your employer fell under the Work Comp laws (5 or more employees, or 1 or more employee if in construction). You cannot file a civil claim against your employer if you already filed a work comp claim. You could possibly file a civil claim against a co-worker in some very narrow circumstances. If a co-worker was involved in your accident, you should look into this.
Answer Applies to: Missouri
DEAN T. JENNINGS, P.C. | Dean T Jennings
No. Worker compensation in an exclusive remedy and that is all you get. If you could prove gross negligence (which is nearly impossible to do) you could then file a suit against your employ and possibly co-worker. But that is no normally allowed at all.
Answer Applies to: Iowa
David F. Stoddard | David F. Stoddard
Normally, workers compensation is your exclusive remedy against your employer for injuries suffered on the job. If you have already settled your workers comp claim, if your condition worsens within one year from the settlement, you can bring a claim for additional compensation. If someone who was not employed by your employer was negligent and caused the accident, you can sue that person or the company they worked for. For example, if there was a crew from another company working on the location where you were working, and one of their employees caused the accident, you can sue the other company.
Answer Applies to: South Carolina
Bernard Huff, Attorney/Mediator | Bernard Huff
If you received a recovery from your worker's compensation claim and executed a release, you may be precluded from filing a lawsuit on the same matter. However, if you have additional work-related injuries, you should try to reopen your claim or have another worker's compensation claim initiated on your behalf.
Answer Applies to: Indiana
Merdes & Merdes, P.C. | Ward Merdes
It depends on who is at fault. A Worker's Comp. claim is your "exclusive remedy" for claims against your employer pursuant to AS 23.10.055: AS 23.30.055. Exclusiveness of Liability. The liability of an employer prescribed in AS 23.30.045 is exclusive and in place of all other liability of the employer and any fellow employee to the employee, the employee's legal representative, husband or wife, parents, dependents, next of kin, and anyone otherwise entitled to recover damages from the employer or fellow employee at law or in admiralty on account of the injury or death. The liability of the employer is exclusive even if the employee's claim is barred under AS 23.30.022. However, if an employer fails to secure payment of compensation as required by this chapter, an injured employee or the employee's legal representative in case death results from the injury may elect to claim compensation under this chapter, or to maintain an action against the employer at law or in admiralty for damages on account of the injury or death. In that action, the defendant may not plead as a defense that the injury was caused by the negligence of a fellow servant, or that the employee assumed the risk of the employment, or that the injury was due to the contributory negligence of the employee. In this section, "employer" includes, in addition to the meaning given in AS 23.30.395 , a person who, under AS 23.30.045 (a), is liable for or potentially liable for securing payment of compensation. At the same time, if somebody OTHER than your employer hurt you - was negligent - you have the right to go after them within two years of your injury. Two years is the Statute of Limitations for injury to competent adults in Alaska. See AS 09.10.070. From what you say, you may have already blown your Statute of Limitations. It appears to have run on 12/24/2011. Call a qualified personal injury attorney ASAP. There are a ton of variables requiring attention to give you a really solid answer. The above are only generalities. You may still have legal rights if you take immediate action.
Answer Applies to: Alaska
Attorney at Law | Ernest Krause
No. The Workers' Compensation Appeals Board (WCAB) is where you filed your Application for Adjudication of Claim. This is very approximately like a Complaint in civil court. The WCAB has exclusive jurisdiction over work injuries. If you have a claim pursuant to the Calif. Fair Employment & Housing Act (various types of discrimination) contact them. In many cases an attorney is really not needed. If you are doing it without an attorney, google "California applicant workers' compensation" to get information. Inexpensive books are available. Each WCAB office has an Information & Assistance Officer available to unrepresented injured workers.
Answer Applies to: California
Ford, Howard & Cornett, P.C. | Bradley Cornett
If you accepted work comp benefits, then work comp is your sole remedy against your employer under Alabama law for an on-the-job injury. If you did not "close out" your work comp claim, you might be able to seek additional work comp benefits but time may bar your claim for additional benefits. If some third-party (not your employer) caused your injure, you can bring a lawsuit against the responsible third-party but again, you have a time problem. Under very limited circumstances, a co-employee who caused an on-the-job accident can be legally liable. You may want to speak with an attorney about the exact details of your situation and discuss the statute of limitations.
Answer Applies to: Alabama
Andrew T. Velonis, P.C. | Andrew Velonis
You cannot sue your employer for negligence. 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. Because the discs moved two years later, you may be able to file for additional benefits based upon "unanticipated worsening" Depending on what caused the accident, there may be another possibility, if there some party other than your employer who caused the accident, such as a janitorial company or repair service. Accidents that occur on construction sites or car crashes during the course of employment have particular rules as well. In New York, the Statute of Limitations is three years.
Answer Applies to: New York
Law Office of William L Spern | William Spern
In Michigan, an job-related injury can only be brought against the employer unless you were injured by a product, vehicle, boat, anything or person not owned by the owner. The exclusion is called exclusive remedy.
Answer Applies to: Michigan