Can I file a negligence lawsuit against my employer? 20 Answers as of May 05, 2014

If I was previously injured on the job a few months back because a ladder fell on me and I have slowly been recovering but still not a 100 percent and then now recently something else falls on me. Can I sue my job for neglect? Because this is the second time something like this has happened to me because proper procedures are not taken to store things and I mentioned it in my last injury statement. Can I sue for neglect because I feel like it is their fault that they are not enforcing the proper procedures for employees so we do not get hurt?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
LAW OFFICES OF ARMAN MOHEBAN | ARMAN MOHEBAN
You need to retain an attorney 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: 5/5/2014
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Your exclusive remedy against your employer for an on the job injury is for comp benefits with very few extremely limited exceptions. Experienced comp lawyers are familiar with those exceptions. Consider consulting one.
Answer Applies to: Alabama
Replied: 4/30/2014
The Law Office of Stephen R. Chesley, LLC
The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
You cannot sue your employer because your sole remedy against the employer is worker's compensation. You should contact an attorney to discuss representation for worker's compensation and if the is a construction site you should discuss the viability of a third party case against the owner and general contractor.
Answer Applies to: New York
Replied: 4/30/2014
Law Offices of Charles R. Perry
Law Offices of Charles R. Perry | Charles R. Perry
You need to file a workers' compensation claim. That is your only source of remedy, and essentially replaces the right to sue in negligence. Any suit you file in court will eventually be dismissed.
Answer Applies to: California
Replied: 4/30/2014
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Yes. It is known as workers compensation.
Answer Applies to: Michigan
Replied: 4/30/2014
    Law Offices of George H. Shers | George H. Shers
    You have a Workers' Compensation claim as to both accidents but you can not sue for negligence because to be part of the WC system you have to give up your rights to sue for negligence.
    Answer Applies to: California
    Replied: 4/29/2014
    License Advocates Law Group LLP | Christine McCall
    Your exclusive remedy is a work comp claim.
    Answer Applies to: California
    Replied: 4/29/2014
    KEYL ADR Services, LLC | Mark D. Keyl
    The proper thing to do is to talk to HR or your Risk Manager and report the problem. If that doesn't work, you can report the problem to OSHA.
    Answer Applies to: Mississippi
    Replied: 4/29/2014
    Law Office of Linda K. Frieder
    Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
    This is a worker's comp case.
    Answer Applies to: California
    Replied: 4/29/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    This is a Workman's Comp Case.
    Answer Applies to: California
    Replied: 4/29/2014
    Boesen Law, LLC
    Boesen Law, LLC | Joseph J. Fraser III
    In Colorado the required provision of workers' compensation insurance by all employers is accompanied by the trade off in the law that employees may not sue their employer when workers' comp is available. Make the most of your rights to medical treatment, wage loss and physical impairment benefits under workers' comp. You might contact OSHA regarding concerns for safety in the work place. If your injury results from a defective product or the negligence of a person outside of the same employment, then you could bring a separate civil suit.
    Answer Applies to: Colorado
    Replied: 4/29/2014
    WILLIAM L SANDERS, ATTORNEY AT LAW | William L. Sanders
    In GA, your sole remedy for an on the job injury is to file a workers comp claim.
    Answer Applies to: Georgia
    Replied: 4/29/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Your only remedy against your employer is worker's comp.
    Answer Applies to: Idaho
    Replied: 4/29/2014
    Law Office of Russell J. Thomas, Jr. | Russell J. Thomas, Jr.
    Usually, your exclusive remedy is workers' compensation.
    Answer Applies to: California
    Replied: 4/29/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Your only remedy is Worker's Compensation. Worker's comp covers medical expenses and time out of work. You cannot sue your employer for negligence and damages for "pain and suffering" is not available. There is a trade-off: you can claim Worker's Comp even if your employer was not negligent, it wasn't their fault, there was nothing they could have done to prevent it. But, then in situations where they were negligent and you can prove it, you can't get anything more than comp.
    Answer Applies to: New York
    Replied: 4/29/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    No, you cant. You get a free ride for worker compensation and don't have to prove any negligence, and in return you are not permitted to sue your boss. you obviously don't think much of him or your job. Why don't you find a job that appreciates you for who you are.
    Answer Applies to: North Carolina
    Replied: 4/29/2014
    Kirby G. Moss PC | Kirby G. Moss
    In most all circumstances, work related injuries are limited to Workers Compensation regardless of fault on the part of the employer or worker. If you believe conditions are unsafe, or proper procedures aren't being followed, you might want to notify OSHA.
    Answer Applies to: Indiana
    Replied: 4/29/2014
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    No. Absent serious, life threatening injury, your only permissible claim against your employer is for workers' compensation. However, you can report the unsafe working conditions to the New York State Department of Labor. You will not receive compensation for this, but at least you will force your employer to clean up the working conditions.
    Answer Applies to: New York
    Replied: 4/29/2014
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You may have a workers' compensation claim for your work-related injuries.
    Answer Applies to: Illinois
    Replied: 4/29/2014
    Fox & Fox, S.C. | Richard F. Rice
    Contact an attorney.
    Answer Applies to: Wisconsin
    Replied: 4/29/2014
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney