Can I sue my employer due to an injury caused by their negligence? 28 Answers as of November 15, 2013

I was sitting in a roll back chair. When I went to turn around, the chair broke because someone had removed a bolt, the bolt that holds it together.

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The Law Offices of Russell Gregory, P.C.
The Law Offices of Russell Gregory, P.C. | Russell Gregory
Your matter may well be pursuable, if you incurred significant, permanent injury.
Answer Applies to: Michigan
Replied: 11/15/2013
Law Office of William Stoddard | William Stoddard
No. Unions and other organizations fought to get workers comp as a remedy for paying for the cost of care and some of the losses of injury on the job. This was back in the 1930's. It was put into law only because employers got a waiver of negligence, meaning workers comp is the ONLY remedy to injuries on the job. In the past, one had to prove negligence to get anything. Literally 70% of injuries on the job, just happen. Many jobs are dangerous. So there was this trade off, everybody who is hurt gets something, and those who are hurt due to negligence only get workers comp.
Answer Applies to: Washington
Replied: 11/13/2013
Candiano Law Office
Candiano Law Office | Charles J. Candiano
NO. You do have a claim for benefits under Workers' Compensation. Find an experienced Workers' Compensation attorney.
Answer Applies to: Illinois
Replied: 11/8/2013
LAW OFFICES OF ARMAN MOHEBAN | ARMAN MOHEBAN
You need 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: 11/7/2013
Adler Law Group, LLC
Adler Law Group, LLC | Lawrence Adler
You can only bring a workers compensation claim against them.
Answer Applies to: Connecticut
Replied: 11/12/2013
    Vasilaros Legal,LLC
    Vasilaros Legal,LLC | Steven T. Vasilaros
    If this happened in Florida and your employer is covered by workers compensation, then the answer is no. Your sole remedy would be benefits available pursuant to Florida Workers Compensation laws.
    Answer Applies to: Florida
    Replied: 11/12/2013
    Doroshow, Pasquale, Krawitz & Bhaya | Donald E. Marston
    If you were injured at work in Delaware, you cannot sue your Employer for damages, even if the Employer was negligent. However, if the negligence that caused your injury was committed by someone other than your Employer or a co-worker, you may have a third party claim for damages. Please note: There are time limits on making these types of claims.
    Answer Applies to: Delaware
    Replied: 11/12/2013
    Behren Law Firm
    Behren Law Firm | Scott Behren
    You probably want to speak with a workers comp lawyer.
    Answer Applies to: Florida
    Replied: 11/12/2013
    Pete Leehey Law Firm, P.C.
    Pete Leehey Law Firm, P.C. | Pete Leehey
    Your claim against your employer would be a workers' compensation claim.
    Answer Applies to: Iowa
    Replied: 11/12/2013
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    if it happened on the job, you have a workers compensation case.
    Answer Applies to: Michigan
    Replied: 11/8/2013
    Gates' Law, PLLC | Thomas E. Gates
    No, you can file a workman's comp. claim.
    Answer Applies to: Washington
    Replied: 11/8/2013
    Law Office of Scott K. Wilson
    Law Office of Scott K. Wilson | Scott K. Wilson
    No you can not sue your employer for a workplace injury caused by negligence. There is employer immunity for this but you have the right to file a claim for workers compensation. If a co worker removed the bolt intentionally as a prank to cause your chair to fall over, that is an intentional tort and you can sue your coworker.
    Answer Applies to: Washington
    Replied: 11/8/2013
    Wayne J. Wimer, Inc. P.S.
    Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
    If this happened on the job, you are protected by Workman's Compensation and you don't have to sue your employer. File your claim.
    Answer Applies to: Washington
    Replied: 11/8/2013
    Quinn Law Group, LLC
    Quinn Law Group, LLC | Sean E. Quinn
    You will likely be limited to a workers compensation claim since your injury occurred while at work during the course and scope of your employment. Some states permit lawsuits, outside of the realm of workers compensation, to be brought against an employer if the injury was caused due to intentional conduct or highly reckless behavior. You did not indicate in your posting why the bolt had been removed. If it was deliberate and designed to hurt you, you may be able to bring such a lawsuit (assuming your state permits such). If the chair had broken or failed for some other reason, you potentially could have had a products liability lawsuit against the manufacturer and distributor. I would urge you to contact an experienced personal injury attorney to review the specific details of your case. An experienced personal injury lawyer should be able to provide you with specific guidance on all of the potential claims you may have available to you.
    Answer Applies to: Pennsylvania
    Replied: 11/8/2013
    The S.E. Farris Law Firm
    The S.E. Farris Law Firm | Spencer E. Farris
    Perhaps. If you have more details or specific questions, feel free to contact us.
    Answer Applies to: Missouri
    Replied: 11/12/2013
    Chen Kasher, Esq.
    Chen Kasher, Esq. | Chen Kasher
    No, you cannot sue your employer. This would be a worker's comp claim. What is your injury?
    Answer Applies to: Illinois
    Replied: 11/8/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You will have to prove the negligence which is difficult, but you should have a worker's comp claim.
    Answer Applies to: Michigan
    Replied: 11/8/2013
    Lewis B. Kaplan | Lewis B. Kaplan
    Worker's Compensation claim which you should discuss further with a lawyer.
    Answer Applies to: Illinois
    Replied: 11/8/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    If you were hurt on the job, your exclusive remedy is for comp benefits with very narrow exceptions. There's a possibility that you fall within one of those exceptions. Consider consulting an experienced worker's compensation lawyer.
    Answer Applies to: Alabama
    Replied: 11/8/2013
    Ford, Howard & Cornett, P.C. | Bradley Cornett
    If you can prove that someone intentionally removed the bolt with intent to injure or with knowledge that serious injury was likely to occur, you may have a co-employee claim. If you were injured and your employer is covered by the Alabama Workmen's Compensation Act (most are), then you have a valid work comp claim.
    Answer Applies to: Alabama
    Replied: 11/8/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    In NY you may not bring a lawsuit against your employer for negligence. Your sole remedy is worker's compensation. You should contact an attorney to maximize your worker's compensation benefits.
    Answer Applies to: New York
    Replied: 11/8/2013
    Belushin Law Firm, P.C.
    Belushin Law Firm, P.C. | Vel Belushin
    If you suffered sufficient injury and you can prove that someone removed the bolt.
    Answer Applies to: New York
    Replied: 11/7/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Workplace accident is a worker comp case. See a lawyer if you are really hurt.
    Answer Applies to: North Carolina
    Replied: 11/7/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    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. 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 and your rate of pay, offset by payments that you have already received.
    Answer Applies to: New York
    Replied: 11/7/2013
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    Not in Michigan. You may collect workers compensation for on the job injuries. If there is a 3rd party (ie: someone other than your employer/co-employee) that was negligent, you may have a case vs. them (however, any work comp paid will be a lien on any recovery therein).
    Answer Applies to: Michigan
    Replied: 11/7/2013
    Robert C. Slim - Attorney at Law
    Robert C. Slim - Attorney at Law | Robert C. Slim
    More facts are needed. How do you know a bolt was removed? Did you know it was removed prior to you using the chair? What sort of injuries did you have? Does your employer carry worker's compensation coverage?
    Answer Applies to: Texas
    Replied: 11/7/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    In Florida, your exclusive remedy is workers compensation for an on-the-job injury if it was your employer who caused the injury.
    Answer Applies to: Florida
    Replied: 11/7/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Sure, and maybe his homeowner's insurance will pay. Talk with a local personal injury attorney regarding the amount that you can expect to receive.
    Answer Applies to: Idaho
    Replied: 11/7/2013
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