Can I sue my boss for my injury? 28 Answers as of February 19, 2013

I fell off latter at work 5 months ago broke metatarsals in foot. My boss paid for the doctor bills but now I'm having sharp pains and can't stand on feet long. I'm no longer working for him but am having a lot of issues now. Can I go after him for my injuries? I told the doctors what happened but he didn't want a claim on workmanship comp. so he just paid for them what can I do now?

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Lapin Law Offices
Lapin Law Offices | Jeffrey Lapin
Yes you can sue your former employer for the fall off the ladder even though you do not still work for him. You would have to prove that your current problems are related to your fall. The fact that your boss paid your medical bills and did not report it to his workers' compensation insurer does not affect your ability to sue him. You might want to talk to a workers' compensation attorney to get more information about your rights and options.
Answer Applies to: Nebraska
Replied: 2/19/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
That is a workers compensation case. Your boss' comp insurance must pay the reasonable charges for all necessary medical care for the injury. You probably should talk to a comp lawyer, in case you signed any paperwork that closes your case.
Answer Applies to: Michigan
Replied: 1/25/2013
Law Offices of Mark West
Law Offices of Mark West | Mark West
I would suggest you speak to a workers compensation plaintiff's attorney for the best advice.
Answer Applies to: California
Replied: 1/15/2013
The Law Offices of Mark Wm. Hofgard, Esq.
The Law Offices of Mark Wm. Hofgard, Esq. | Mark William Hofgard
You cannot sue your employer for the injury because employment-related injuries are to be addressed exclusively under Arizona's Worker's Compensation statutes and the rules of the Industrial Commission of Arizona (ICA). You can, however, file your claim with the ICA. This must be done within one year of the date of the accident.
Answer Applies to: Arizona
Replied: 1/10/2013
Law Office of Madaen | Bahram Madaen
Yes, you might. You need to contact an attorney to evaluate your case and see the potential recovery of your damages.
Answer Applies to: California
Replied: 1/10/2013
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    It won't matter that you've left his employment; you are still covered under his workers' compensation policy. Contact him and request medical coverage for the foot.
    Answer Applies to: Iowa
    Replied: 1/10/2013
    Law Offices of Sandeep G. Agarwal
    Law Offices of Sandeep G. Agarwal | Sandeep G. Agarwal
    Hire an attorney who specializes in workman's compensation and have him file a claim on your behalf.
    Answer Applies to: California
    Replied: 1/10/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    File a claim with the NC Industrial Commission in Raleigh. Call them and ask for forms.
    Answer Applies to: North Carolina
    Replied: 1/10/2013
    Steven Kalishman, P.A.
    Steven Kalishman, P.A. | Steven J Kalishman
    You need to make a worker's comp claim.
    Answer Applies to: Florida
    Replied: 1/10/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    I think you are stuck. You sould have filed a worker's comp claim, you elected not to do so. You would not have been able to sue your employer anyway. But, if this is in NY and it was at a commercial construction site, see a personal injury lawyer in your area, there could be other avenues for recovery.
    Answer Applies to: New York
    Replied: 1/10/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    You can file a workers compensation claim.
    Answer Applies to: South Carolina
    Replied: 1/10/2013
    Shean Law
    Shean Law | John Shean
    You can claim all the benefits under the Indiana Worker's Compensation Act - free medical care, wage loss benefits, and permanent impairment. You should consult with a competent worker's compensation attorney.
    Answer Applies to: Indiana
    Replied: 1/10/2013
    W Morris Taylor, PC | W Morris Taylor
    It is not too late to file a Workers Compensation claim based on the facts you relate.
    Answer Applies to: Missouri
    Replied: 1/7/2013
    Law Offices of Linh T. Nguyen
    Law Offices of Linh T. Nguyen | Linh T. Nguyen
    You should find a workers' comp attorney and file a claim immediately, especially if you will have permanent injuries. Good luck.
    Answer Applies to: California
    Replied: 1/10/2013
    Lewis B. Kaplan | Lewis B. Kaplan
    In Illinois you can file a worker's compensation claim even though you no longer wok for that employer .
    Answer Applies to: Illinois
    Replied: 1/7/2013
    Gary L. Platt, Attorney at Law | Gary Platt
    You should consult an attorney who specializes in Worker's Compensation cases immediately. Your boss had a duty to report your injury to his W.C. insurer, so you could receive FULL compensation for your injuries and whatever temporary and, if appropriate, permanent disability you may have. Your boss may have paid for doctor bills, but you are likely not sure if you have received all the treatment you need. If you are still having problems 5 months later, it's likely you need more treatment and may need to be off work for a long period. You are entitled to be paid for time missed from work due to your injuries, too. Your boss' attempt to avoid a Worker's Comp. claim is probably illegal and has deprived you of compensation to which you are entitled.
    Answer Applies to: California
    Replied: 1/7/2013
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You must make a workers comp claim. You don't need your boss to do it. Otherwise you can not sue him independently.
    Answer Applies to: Connecticut
    Replied: 1/10/2013
    Law Offices of George H. Shers | George H. Shers
    Fill out an employee work injury claim and if he has Workers' Compensation insurance, which by law he must have, his insurance company will contact you and you can can proceed with a WC insurance claim.
    Answer Applies to: California
    Replied: 1/7/2013
    WEISSMAN LAW FIRM
    WEISSMAN LAW FIRM | I.Donald Weissman
    Under California law, whether you want to or not or your employer wants to or not, all on the job injuries must go through workers compensation. Your employer is required to notify the workers compensation carrier when you reported the injury. That is where your claim should be for workers comp coverage are no fault and cover all medical expenses and a portion of income through disability type payments. If there is no workers compensation you have at least two available options. One is to go through the State's Unemployed Employer's Fund for workers compensation benefits. For you it is the same as workers comp. The Fund may seek reimbursement from the employer. Option two is to file a civil lawsuit against the employer for your injuries. If the employer did not have workers comp insurance the employer forfeits the protections such insurance affords. There are differences to you between the two options. Seek consultation with qualified attorneys before decided which direction to go. be mindful of statutes of limitation that may be running against your claim(s).
    Answer Applies to: California
    Replied: 1/7/2013
    Maurice L. Abarr  Lawyer, Inc.
    Maurice L. Abarr Lawyer, Inc. | Maurice L. Abarr
    you can still make a claim under Workers' Compensation but do not wait any longer.
    Answer Applies to: California
    Replied: 1/7/2013
    Gates' Law, PLLC | Thomas E. Gates
    File a workman's comp claim.
    Answer Applies to: Washington
    Replied: 1/7/2013
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    You should return to the doctor who treated you. Was a claim filed with the state?
    Answer Applies to: Montana
    Replied: 1/7/2013
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    Hire an attorney.
    Answer Applies to: Illinois
    Replied: 1/7/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    You should contact an attorney as soon as possible to discuss your worker's compensation case and to see if you have a third party action. You must discuss the facts and circumstances that caused you to fall of a ladder.
    Answer Applies to: New York
    Replied: 1/7/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I believe you will have to make it worker's comp claim in order to pursue this cause of action. Please call for an appointment.
    Answer Applies to: Michigan
    Replied: 1/7/2013
    The Law Firm of Stephen M. Reck, LLC
    The Law Firm of Stephen M. Reck, LLC | Scott D. Camassar
    If this is in CT, you have 1 year to file a workers comp claim. Consult a workers comp lawyer. Good luck.
    Answer Applies to: Connecticut
    Replied: 1/7/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Get the foot fixed and send him the bill. Unless there is a long term injury, you may not get much for pain and suffering. You may also want to make a claim to the Idaho Industrial Board to see if it can do something for you.
    Answer Applies to: Idaho
    Replied: 1/7/2013
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