Can I sue my employer for a heat stoke personal injury? 26 Answers as of May 11, 2011Can I sue my employer for a heat stoke? I was working with a supervisor and started feeling funny. I asked if I could stop for a few minutes because I felt funny. He did not stop. I ended up in ICU with dehydration, kidney failure, liver and pancreas shock. I spent a total of three days in the hospital and am still not up to par from the heat stroke. I came real close to death.
Michael Anthony Wing, P.C. | Michael Anthony Wing
If you have permanent injury, and your job was such that it unusually increased the risk of heat stroke, then you may be able to make a claim for workman's compensation. Have a lawyer in your area review the facts of your case with you. Stay well.
Answer Applies to: Alabama
David F. Stoddard | David F. Stoddard
I do not think you can sue your employer, but you probably have a workers compensation claim. Workers Compensation is the exclusive remedy for accidents that occur on the job, with some narrow exceptions, regardless of who is at fault.
Answer Applies to: South Carolina
David B. Sacks, P.A. | David Sacks
Depending on the jurisdiction you are in, an employee can usually only sue their employer for workers' compensation benefits. In many states a compensate-able injury requires a physical injury. Heat stroke is not a physical injury, therefore I believe the answer would be no, you cannot bring a claim for heat stroke, at least in most jurisdictions.
Answer Applies to: Florida
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
Law Office of Russell D. Gray, PC | Russell D. Gray
In Utah, if you are injured or sickened on the job your only recourse is to pursue a workers compensation claim. Your heat stroke may or may not be related to your employment; you should probably contact a workers compensation attorney for more specific advice.
Answer Applies to: Utah
Cody and Gonillo, LLP | Christine Gonilla
This is a workers compensation matter in the first instance. Your medical expenses should be covered and any permanent impairment suffered. If the claim involves recklessness on the part of your employer you may be able to get beyond the workers compensation but that may be difficult to prove.
Answer Applies to: Connecticut
Garruto & Calabria, LLC | Andrew F. Garruto
You have a workers' compensation claim for medical benefits, and perhaps temporary disability benefits. If you suffered a permanent injury from this incident, then you have a claim for compensation for your permanent injury.
Answer Applies to: New Jersey
Diana K. Zilko, Attorney at Law | Diana K. Zilko
Typically for on-the-job injuries your avenue for recovery is through worker's compensation. A civil suit is available if the employer does not have work comp coverage. If you have any further questions, please let me know.
Answer Applies to: California