Can I sue my employer due to injury at work? 16 Answers as of November 07, 2013

Five months ago, I injured my hand at work. I was walking up the catwalk steps, my foot slipped and I fell forward. My hand hit the top on catwalk and the part I was carrying came down and crushed my hand. The catwalks are all metal with no slip protection. I was told since my injury, they are going to be putting slip proof stuff on them but still haven’t. Due to this injury, I will be losing my middle finger. I have 3 fingers that do not work better at all. I will never be able to do my job again as a line operator.

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

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Yes. Workers compensation.
Answer Applies to: Michigan
Replied: 11/7/2013
Law Ofices of Edwin K. Niles | Edwin K. Niles
See a workers comp attorney ASAP.
Answer Applies to: California
Replied: 11/7/2013
Pete Leehey Law Firm, P.C.
Pete Leehey Law Firm, P.C. | Pete Leehey
You can sue your employer for the injury, but you will most likely be limited to workers' compensation. It is extremely rare that a work-related injury qualifies to be pursued outside workers' compensation law.
Answer Applies to: Iowa
Replied: 11/4/2013
Behren Law Firm
Behren Law Firm | Scott Behren
I think you need to hire a workers comp lawyer asap.
Answer Applies to: Florida
Replied: 11/4/2013
Belushin Law Firm, P.C.
Belushin Law Firm, P.C. | Vel Belushin
You might have a personal injury claim, also speak with a workers compensation attorney to determine whether it is too late to claim workers compensation. WC does usually have a 30 day deadline.
Answer Applies to: New York
Replied: 11/4/2013
    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: 11/4/2013
    Julie Butcher Law Office
    Julie Butcher Law Office | Julie A. Butcher
    I am so sorry for your injury. If you are in KY, like many states, your only recourse is to file a workers compensation claim.
    Answer Applies to: Kentucky
    Replied: 11/4/2013
    Lewis B. Kaplan | Lewis B. Kaplan
    Sounds to me like you have not consulted a lawyer about filing a worker's compensation claim? That is what you should do .
    Answer Applies to: Illinois
    Replied: 11/4/2013
    Durham Jones & Pinegar | Erven Nelson
    Yes, you should file workers compensation claim. If they do not offer you a satisfactory settlement, get a good lawyer.
    Answer Applies to: Nevada
    Replied: 11/4/2013
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    You keep asking this question. The answer is the same: NO. In Illinois, Workers' Compensation is you SOLE remedy when you are injured at work and no 3rd party is involved.
    Answer Applies to: Illinois
    Replied: 11/4/2013
    Ankerholz and Smith
    Ankerholz and Smith | Rian F. Ankerholz
    In Kansas and Missouri, a workers' compensation claim acts as a defense against a lawsuit against the employer. Only in limited circumstances (where the "dual capacity doctrine" applies, or something more than the usual employer/employee relationship exists) can the employer be sued directly. Consult an experience workers' compensation lawyer in your area to discuss the matter further.
    Answer Applies to: Kansas
    Replied: 11/4/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Same answer, you should have a worker's comp claim at the least, counsel with an attorney.
    Answer Applies to: Michigan
    Replied: 11/4/2013
    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 (even if you can prove negligence) and damages for "pain and suffering" is not available. Since 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: 11/4/2013
    Chen Kasher, Esq.
    Chen Kasher, Esq. | Chen Kasher
    This is an extremely serious comp case. I hope you gave notice to employer within 45 days. Speak to an attorney today.
    Answer Applies to: Illinois
    Replied: 11/4/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    You cannot sue your employer for worker related injuries due to the fact that worker's compensation is your sole remedy. You should contact an attorney to represent you in your worker's compensation case. Further more, even though you can not sue your employer, you should discuss this matter with a personal injury attorney to determine if there is a third party case against someone other than your employer.
    Answer Applies to: New York
    Replied: 11/4/2013
    End, Hierseman & Crain, LLC | J. Michael End
    You can recover workers compensation for your injuries.
    Answer Applies to: Wisconsin
    Replied: 11/4/2013
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney