Can I sue my company for my thumb that had been slammed in trailer door at work and somebody else caused my accident? 22 Answers as of May 05, 2014

I work at a landscaping company and somebody slammed the trailer door on my hand. I had to get stiches and my nail had to get a hole in it to release blood. I went to a doctor. I’ve had to call off work because of pain. They got me on light duty but there is no light duty in landscaping. They drug tested me. I passed but they didn't test they guy who caused my injury.

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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
Law Offices of George H. Shers | George H. Shers
You have a worker's compensation claim and can not file a civil suit against your employer. If the other employee deliberately injured you, you can sue the other employee, but your case is worth very little so at best you would have to file in small claims court and represent yourself.
Answer Applies to: California
Replied: 5/5/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Yes, see a workers comp lawyer.
Answer Applies to: California
Replied: 5/2/2014
Law Office of Andrellos Mitchell
Law Office of Andrellos Mitchell | Andrellos Mitchell
Litigation should be a last resort. Anyone can sue anyone. The issue is do you have a prima facie case? You need to consult with a lawyer.
Answer Applies to: District of Columbia
Replied: 5/1/2014
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
It is a workers compensation case.
Answer Applies to: Michigan
Replied: 5/2/2014
    Wayne J. Wimer, Inc. P.S.
    Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
    File a claim through Department of Labor and Industries. The employer is required to have the coverage and if they didn't then they are subject to liability for your injuries and damages as if they in fact had the L & I coverage in place.
    Answer Applies to: Washington
    Replied: 5/2/2014
    Boesen Law, LLC
    Boesen Law, LLC | Joseph J. Fraser III
    Your remedy for an accident at work is a claim for Workers' Compensation, rather than a civil law suit. If the person who slammed the door was a co-employee of yours, then your remedy against the company and that person is only within workers' comp. If the person was not a co-worker, you could have a civil action against them, but the claim for workers' comp will be quicker, more effective and less expensive.
    Answer Applies to: Colorado
    Replied: 5/2/2014
    Law Office of Linda K. Frieder
    Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
    You can file a worker's compensation case.
    Answer Applies to: California
    Replied: 5/2/2014
    Durham Jones & Pinegar | Erven Nelson
    You have a workers compensation claim, and could process it.
    Answer Applies to: Nevada
    Replied: 5/2/2014
    Doroshow, Pasquale, Krawitz & Bhaya | Donald E. Marston
    Yes. You have a claim for workers compensation. You should contact an attorney ASAP.
    Answer Applies to: Delaware
    Replied: 5/2/2014
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Your exclusive remedy for an on the job injury is for comp benefits with very few limited exceptions. Experienced workers compensation lawyers are familiar with those exceptions. Consider consulting one.
    Answer Applies to: Alabama
    Replied: 5/2/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Doesn't matter if he had drugs or not. Your remedy is worker's comp.
    Answer Applies to: Idaho
    Replied: 5/2/2014
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You may be able to file a workers' compensation claim for the injury to your thumb.
    Answer Applies to: Illinois
    Replied: 5/2/2014
    WEISSMAN LAW FIRM
    WEISSMAN LAW FIRM | I.Donald Weissman
    The injury is covered by workers compensation. You cannot sue the employer beyond workers compensation. If the person that caused the accident was not a co-employee, you can sue that person.
    Answer Applies to: California
    Replied: 5/2/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You can't sue your company, but you are entitled to worker's compensation and possibly no-fault as well. But you said "someone else" caused the accident. If that "someone else" was not a co-employee, then you might have an action against that individual and/or employer.
    Answer Applies to: New York
    Replied: 5/2/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It would appear that you have an worker's comp claim.
    Answer Applies to: Michigan
    Replied: 5/2/2014
    Law Office of Gary H. Lomanno, LLC | Gary H. Lomanno
    In New Jersey an employee cannot sue their employer for injuries sustained in the course of employment. However you can file a worker's compensation claim. Worker's compensation covers medical expenses, lost time from work and permanency.
    Answer Applies to: New Jersey
    Replied: 5/2/2014
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    Since you were injured on the job you can file for worker's compensation. You should contact an attorney to seek representation
    Answer Applies to: New York
    Replied: 5/2/2014
    Lewis B. Kaplan | Lewis B. Kaplan
    Looks like you have a WORKER'S COMPENSATION claim against your employer . Meet with a lawyer to discuss further .
    Answer Applies to: Illinois
    Replied: 5/2/2014
    D. R. Phillips Law Firm, LLC
    D. R. Phillips Law Firm, LLC | Randy Phillips
    In Alabama you have to file a Workers' Compensation claim with your employer.
    Answer Applies to: Alabama
    Replied: 5/2/2014
    Geneva Yourse | Geneva Yourse
    In order to preserve your legal rights you have to file a workers' compensation claim. You should notify your employer as soon as you have an injury. Delay in filing could endanger your claim. You are unable to file a lawsuit outside of the confines of workers' compensation through the industrial Commission. All compensation will be received through the NC Industrial Commission. You should file a Form 18, if not already done.
    Answer Applies to: North Carolina
    Replied: 5/2/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You cant sue but you can file a worker comp claim. See a comp lawyer or contact Industrial Commission in Raleigh and do it yourself
    Answer Applies to: North Carolina
    Replied: 5/2/2014
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