Can I sue my employer for an injury at work? 42 Answers as of September 19, 2012

I got injured from an onion slicer at work. I cut my finger really bad that I had to go to the ER to put stitches. 5 stitches total. The blade didn't touch the bone and looks like so far no major nerve damage. The employer insurance paid for the medical care. My question is can I sue the employer for the injury? and if I can, how much money can I get out of it?

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Advanced Litigation Services
Advanced Litigation Services | Joseph Iarussi
No you can not sue your employer, but you can file a claim for workers compensation.
Answer Applies to: Nevada
Replied: 8/10/2011
David F. Stoddard
David F. Stoddard | David F. Stoddard
You can file a worker's compensation claim against the employer, but not a civil lawsuit. How much you can get depends on how much, if any, permanent impairment there is to your finger and what your average weekly wage is.
Answer Applies to: South Carolina
Replied: 8/8/2011
Dwyer, Black & Lyle, LLP
Dwyer, Black & Lyle, LLP | Kevin Habberfield
Typically, no. Suits against employers are prohibited under the Worker's Compensation law. You need to file a worker's compensation claim immediately. It is possible you could recover some wage loss this way as well as make sure your bills continue to be paid. The only viable option for suit that I can think of is a products liability claim against the manufacturer of the slicer, however, these are very costly and difficult. You should see a products liability attorney in your area as soon as possible. I hope you heal up well.
Answer Applies to: New York
Replied: 8/8/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
You can't sue your employer unless he failed to provide workers compensation insurance and you elect not to pursue benefits through the uninsured provisions of workers compensation. You may have a products liability claim against the manufacturer and distributor of the slicer. Consult an attorney either way.
Answer Applies to: New York
Replied: 8/7/2011
The Law Office of Josh Lamborn, P.C.
The Law Office of Josh Lamborn, P.C. | Josh Lamborn
First, in your rendition of the facts it sounds like you were probably the one that caused your own injury using a slicer at work. There is nothing to indicate that your employer or anyone other than you were responsible for your injury. Therefore, from the facts presented, you would probably lose such a lawsuit. Second, in Oregon you are not permitted to sue your employer for a workplace injury if they are covered by worker's compensation insurance.
Answer Applies to: Oregon
Replied: 8/6/2011
    Law Offices of Tom Patton
    Law Offices of Tom Patton | Thomas C. Patton
    You have a work comp claim. You should open a claim with your employers work comp insurer.
    Answer Applies to: Oregon
    Replied: 8/5/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    Injuries at work are covered by the Louisiana Worker's Compensation statutes. You may not sue your employer for an injury at work unless he intentionally (purposely) injured you. Worker's Compensation will cover your medical expenses for the injury, and if you are disabled from working will pay you compensation until you are well enough to work. Sometimes you may be injured due to the fault of a third party at work. For example, a machine you are using may be defective, and you may be injured due to the defect in the machine. You should consult with an attorney about worker's compensation and about the possibility that your injuries were caused by the fault of a third party.
    Answer Applies to: Louisiana
    Replied: 8/5/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    On the job injuries are handled via workers compensation. There may or may not be a uit against the mfg of the onion slicer. See workers comp attorney.
    Answer Applies to: California
    Replied: 8/5/2011
    The Law Firm of Shawn M. Murray
    The Law Firm of Shawn M. Murray | Shawn M. Murray
    Under the facts as you have related them it appears that your only remedy would be for workers' compensation benefits. If workers' compensation insurance has paid for your treatment in full, and if you didn't miss over 7 days of work as a result of your injury, then the only other benefit you would be entitled to under Louisiana law is mileage reimbursement, at .48 cents per mile presently, for traveling to and from the hospital and/or the doctor's office. You can only sue your employer in tort (i.e. for pain and suffering and other personal injury damages) if the employer is responsible for having committed an intentional act which caused your injuries, and it doesn't sound as though that would apply in this case. I encourage you to consult with an attorney however, just to make certain.
    Answer Applies to: Louisiana
    Replied: 8/5/2011
    Olson Althauser Samuelson & Rayan, LLP
    Olson Althauser Samuelson & Rayan, LLP | Todd S. Rayan
    Workplace injuries are covered by Worker's Compensation through L&I. There is no basis for recovery unless the employer was somehow grossly negligent.
    Answer Applies to: Washington
    Replied: 8/5/2011
    Law Offices of Earl K. Straight
    Law Offices of Earl K. Straight | Earl K. Straight
    Whether you can sue your employer first depends on whether your employer carries workers compensation insurance. If they do, your only remedy is to pursue a workers compensation claim, you cannot sue your employer in that situation. If they don't carry workers comp insurance, you have the right to sue them, but only if you can prove that the injury was your employers fault. The mere fact you were injured at work is not enough, you have to show your employer committed some act of negligence that directly caused your injury.
    Answer Applies to: Texas
    Replied: 8/5/2011
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    You would need to consult with a specialist in workman's compensation. It is a subset of personal injury.
    Answer Applies to: New Jersey
    Replied: 8/5/2011
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You may have a case, based upon the information that you have supplied. We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
    Answer Applies to: Illinois
    Replied: 8/5/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    you have a Workers Compensation claim and it must be brought there
    Answer Applies to: Connecticut
    Replied: 8/5/2011
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Too bad you didn't slice one of them off. That would be worth about $2000 plus medical expenses and a few weeks of wage loss. If you went back to work with a bloody bandage within 4 days, you just get medical expenses. Since you cut your own finger, why would you feel justified in suing your employer? Sounds like you made unsafe choices about how to slice the onion?
    Answer Applies to: Montana
    Replied: 8/5/2011
    Begum Law Group
    Begum Law Group | Daniel S. Willis
    Please stop emailing me.
    Answer Applies to: Texas
    Replied: 8/5/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    Generally, the answer is no. You should seek relief through your local workers' compensation agency. However, you may want to consult with a plaintiff's workers' compensation lawyer to get more legal clarification on your specific employment matters.
    Answer Applies to: Indiana
    Replied: 8/5/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    No you cannot sue your employer for anything but worker's compensation benefits and any compensation you might be owed.
    Answer Applies to: Alabama
    Replied: 8/5/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    No . In NC you must use the worker comp law which you are already doing. You cant sue the employer beyond making a WC claim
    Answer Applies to: North Carolina
    Replied: 8/5/2011
    Rudolph F. X. Migliore, P. C.
    Rudolph F. X. Migliore, P. C. | Rudolph F. X. Migliore
    The worker compensation laws provide for injuries incurred at work on a no-fault basis, meaning regardless of whether it is the employers fault or the employees fault the claim is paid through the workers compensation law. However, in providing for claims on a no-fault basis, the law bars employees from suing their employer. Accordingly, your solution is to file a workers compensation claim.
    Answer Applies to: New York
    Replied: 8/5/2011
    Andrew R. Lynch, P.C.
    Andrew R. Lynch, P.C. | Andrew R. Lynch
    You probably need to pursue a worker's compensation claim. Essentially it allows you to recover for your injury and negligece is not at issue.
    Answer Applies to: Georgia
    Replied: 8/5/2011
    Law Offices of Richard Copeland, LLC
    Law Offices of Richard Copeland, LLC | Richard Copeland
    Generally, you cannot sue your employer for an on-the-job injury. Virtually all Colorado employers are required to carry workers' compensation insurance, and that is the employee's exclusive remedy when injured on the job. Second, I wouldn't recommend a lawsuit over your injury in the first place. You'd waste more time in the litigation than you'd ever get out of it.
    Answer Applies to: Colorado
    Replied: 8/5/2011
    The Torkzadeh Law Firm
    The Torkzadeh Law Firm | Reza Torkzadeh
    There are many factors that may play a role in whether you can sue your employer or not. In California, there are many worker's compensation laws that may preclude that however, there are some exceptions that relate to injuries at the workplace and suing your employer. One thing that you may want to consider is speaking with an attorney regarding the onions slicer itself. Perhaps the slicer was an unsafe product or had a dangerous design and as such, you may have a product liability claim against the manufacturer of the slicer. I suggest you immediately speak with an attorney regarding your options.
    Answer Applies to: California
    Replied: 9/19/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Workers compensation is your exclusive remedy for an on the job injury.
    Answer Applies to: Michigan
    Replied: 8/5/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    Generally, any on-the-job injury is a workers' compensation claim, which has rules separate from regular civil actions. You should talk to a lawyer who focuses his or her practice on workers' compensation law.
    Answer Applies to: Florida
    Replied: 2/20/2012
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    Yes. Through a workers comp claim. Amount depends on what treatment doctors say u will need. Call a workers comp attorney like me
    Answer Applies to: Florida
    Replied: 8/5/2011
    A. Daniel Woska & Associates, P.C.
    A. Daniel Woska & Associates, P.C. | Dan Woska
    Despite popular urban legends, a lawsuit is not like the lottery. The damages in a work related claim are normally detailed down to injuries to fingers. It is done under workman's compensation law. The question about how much you can get will be according to schedule as set out in the workman's compensation materials. Contact and interview a workman's compensation lawyer, determine what your damages might be and make your decision based on the best information available. "Direct threats require decisive action."
    Answer Applies to: Oklahoma
    Replied: 8/5/2011
    David Hoines Law
    David Hoines Law | David Hoines
    you are eligible for workers compensation benefits
    Answer Applies to: Florida
    Replied: 8/5/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    In Florida, your exclusive remedy is workers' compensation.
    Answer Applies to: Florida
    Replied: 8/5/2011
    Cary J. Wintroub & Associates
    Cary J. Wintroub & Associates | Cary J. Wintroub
    You have a worker's compensation claim that you can make against your employer. Possibly there is a product liability case against the manufacturer of the onion slicer depending on the safety features.
    Answer Applies to: Illinois
    Replied: 8/5/2011
    Law Offices of Timothy G. Kearney, LLC
    Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
    You would need to bring a workers compensation claim - the recovery is much more limited than that in a personal injury matter. You should consult with an attorney who is familiar with WC.
    Answer Applies to: Connecticut
    Replied: 8/5/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Work injuries are governed by workers compensation. You need to contact a workers compensation attorney and inquire with attorney as to your options.
    Answer Applies to: California
    Replied: 8/5/2011
    Law Offices of Steven A. Fink
    Law Offices of Steven A. Fink | Steven Alan Fink
    You have a workers comp claim only, against your employer. If slicer was defective you might have a claim against the manufacturer.
    Answer Applies to: California
    Replied: 8/5/2011
    Rose, Senders & Bovarnick, LLC
    Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
    If you were injured in Oregon, you can only get workers compensation. You cannot sue your employer under these circumstances.
    Answer Applies to: Oregon
    Replied: 8/5/2011
    Magnuson Lowell P.S.
    Magnuson Lowell P.S. | Richard S. Lowell
    Under almost all circumstances, the answer is 'no.' Your employer is protected by the worker's compensation laws. You can (and should) make an L&I claim - and the L&I program should provide you with medical payments, wage loss benefits, and other statutory benefits where appropriate.
    Answer Applies to: Washington
    Replied: 8/5/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    The injury is covered by worker's compensation insurance. Based on what you told me, it appears to be handled appropriately.
    Answer Applies to: Pennsylvania
    Replied: 8/5/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    Do you have worker's compensation coverage? If YES, you can't sue but you may have a worker's comp claim.
    Answer Applies to: New York
    Replied: 8/5/2011
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