Can I file a civil suit for a work injury? 38 Answers as of June 20, 2013

I was hurt on the job on 12/23/2009. Found out some discs were moved in my neck on 12/8/2011. Can I file a civil suit? I already filed a workers comp suit earlier.

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Ezim Law Firm | Dean Esposito
If you were injured in a for accident during the course and scope of your employment then you could file a civil suit.
Answer Applies to: Louisiana
Replied: 2/2/2012
Dwyer, Black & Lyle, LLP
Dwyer, Black & Lyle, LLP | Kevin Habberfield
Generally, no. You can file a civil suit only if a 3rd party, someone other than your employer, was responsible for your injuries in some way. Go see an attorney.
Answer Applies to: New York
Replied: 1/31/2012
Lapin Law Offices
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
Replied: 1/30/2012
Atterbury, Kammer & Haag, S.C. | Lee R. Atterbury
You can file a civil suit if a third party-someone other than your employer -was at least partly responsible for the injury.
Answer Applies to: Wisconsin
Replied: 1/30/2012
The Lucky Law Firm, PLC
The Lucky Law Firm, PLC | Robert Morrison Lucky
If a workers compensation suit was filed earlier, I am presuming that you have an attorney handling your case. Please discuss this with your attorney to see if you have any additional rights of recovery.
Answer Applies to: Louisiana
Replied: 1/30/2012
    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
    Replied: 1/30/2012
    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
    Replied: 1/30/2012
    Law Offices of Richard Copeland, LLC
    Law Offices of Richard Copeland, LLC | Richard Copeland
    Your workers' compensation claim was your only remedy. You should probably consult with a workers' compensation attorney to see if there is anything more that can be done.
    Answer Applies to: Colorado
    Replied: 1/30/2012
    Langer & Langer
    Langer & Langer | Jon Schmoll
    In Indiana, if you are hurt on the job , worker's comp is the exclusive remedy against your employer.
    Answer Applies to: Indiana
    Replied: 1/30/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You are stuck with comp as far as your employer is concerned unless it was deliberate. You can sue a third party who might have caused the injury. You did not say whether there was a third party
    Answer Applies to: North Carolina
    Replied: 1/30/2012
    Lacy Fields, Attorney at Law, LLC
    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
    Replied: 1/30/2012
    DEAN T. JENNINGS, P.C.
    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
    Replied: 1/30/2012
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Your exclusive remedy is worker's compensation absent extenuating circumstances like the employer knew you would be injured and did nothing.
    Answer Applies to: Florida
    Replied: 1/30/2012
    David F. Stoddard
    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
    Replied: 1/30/2012
    Bernard Huff, Attorney/Mediator
    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
    Replied: 1/30/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Workers company is your only remedy
    Answer Applies to: Michigan
    Replied: 1/30/2012
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    This depends on the cause of your injury. If it was not caused by a third party unrelated to your job, you are probably limited to workers comp.
    Answer Applies to: Virginia
    Replied: 1/30/2012
    Downriver Injury and Auto Law | Michael Heilmann
    No. Company is your exclusive remedy.
    Answer Applies to: Michigan
    Replied: 1/30/2012
    Merdes & Merdes, P.C.
    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
    Replied: 1/30/2012
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    Unless someone other than you or a fellow employee caused your injury, no civil suit can be filed. You must be able to show someone or some entity was negligent.
    Answer Applies to: Massachusetts
    Replied: 1/28/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    No. Company cases are exclusive remedies and you already handled that one. There are no civil suits available to you.
    Answer Applies to: Michigan
    Replied: 1/28/2012
    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
    Replied: 1/28/2012
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    Worker's compensation is usually all you can get unless there was a "third party" (somebody besides your employer) at fault or at least partially to blame for the injury.
    Answer Applies to: Washington
    Replied: 1/28/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    You cannot sue your employer or co-employees of the same employer. But, if you can find someone else to sue then you can. Examples may be car drivers and owners, landowners, product manufacturers, etc.
    Answer Applies to: New York
    Replied: 1/28/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Don't think so. Issue was probably barred in the relaes related to your workers' company case. Contact your workers company attorney
    Answer Applies to: California
    Replied: 1/28/2012
    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
    Replied: 1/28/2012
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    Typically no unless a 3rd party unrelated to your work caused your injury, for example you were injure in a car accident while making a delivery for work.
    Answer Applies to: Massachusetts
    Replied: 1/28/2012
    Andrew T. Velonis, P.C.
    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
    Replied: 1/28/2012
    McKell Christiansen
    McKell Christiansen | Michael McKell
    In my jurisdiction, worker's compensation is the exclusive remedy unless the injury was a result of some sort of intentional conduct.
    Answer Applies to: Utah
    Replied: 6/20/2013
    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
    Replied: 1/27/2012
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    It depends on how you were injured. You can't sue your employer or coworkers for negligence if your employer had Workers Comp insurance. Third parties are fair game.
    Answer Applies to: Montana
    Replied: 1/27/2012
    Garruto & Calabria, LLC
    Garruto & Calabria, LLC | Andrew F. Garruto
    Possibly, it depends upon how the accident happened and who caused it.
    Answer Applies to: New Jersey
    Replied: 1/27/2012
    Shaw Law Firm
    Shaw Law Firm | Steven L. Shaw
    In Washington, you probably cannot sue your employer under those circumstances. You need to speak to an attorney that has experience with both workers compensation and employment law.
    Answer Applies to: Washington
    Replied: 1/27/2012
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