Can I sue my employer for a heat stoke personal injury? 26 Answers as of May 11, 2011

Can 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.

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David Hoines Law
David Hoines Law | David Hoines
You have a workers compensation claim.
Answer Applies to: Florida
Replied: 5/11/2011
Michael Anthony Wing, P.C.
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
Replied: 5/6/2011
Wilson & Hajek, LLC
Wilson & Hajek, LLC | Eddie W. Wilson
It sounds like a workers compensation case against your employer.
Answer Applies to: Virginia
Replied: 5/4/2011
David F. Stoddard
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
Replied: 5/4/2011
David B. Sacks, P.A.
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
Replied: 5/4/2011
    Ramunno & Ramunno, P.A.
    Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
    You would have a Worker's Compensation claim if your doctor will establish the problem was caused by work activities. Please discuss, ASAP, with an lawyer.
    Answer Applies to: Delaware
    Replied: 5/4/2011
    Allegretti & Associates
    Allegretti & Associates | James L. Allegretti
    You cannot sue your employer but you can file a workman's comp action if the injury arose out of and in the course of your employment.
    Answer Applies to: Illinois
    Replied: 5/4/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    Absolutely, it is related to your work. But, you can only sue for workers compensation, not personal injury unless you can show it was intentional.
    Answer Applies to: Alabama
    Replied: 5/4/2011
    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: 5/4/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You have a worker comp case against your employer. The degree to which the supervisor drove you may be relevant.
    Answer Applies to: North Carolina
    Replied: 5/4/2011
    Law Office of Russell D. Gray, PC
    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
    Replied: 5/3/2011
    Cody and Gonillo, LLP
    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
    Replied: 5/3/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    No, workers compensation is your exclusive remedy.
    Answer Applies to: Florida
    Replied: 5/3/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    Your remedy would be worker's compensation since it happened on the job. I am sorry you got sick. We can help with your worker's comp claim.
    Answer Applies to: Pennsylvania
    Replied: 5/3/2011
    The Law Offices of Mark Kotlarsky
    The Law Offices of Mark Kotlarsky | Mark Kotlarsky
    It sounds like a workers compensation case.
    Answer Applies to: Maryland
    Replied: 5/3/2011
    Premier Law Group
    Premier Law Group | Jason Epstein
    You definitely have an L&I claim. You should contact an L&I attorney as soon as possible.
    Answer Applies to: Washington
    Replied: 5/3/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    It is a worker's compensation case, not a personal injury case. You should talk to an attorney.
    Answer Applies to: Alabama
    Replied: 5/3/2011
    Garruto & Calabria, LLC
    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
    Replied: 5/3/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    It would likely be a workers comp case. I would be happy to discuss the matter with you.
    Answer Applies to: Michigan
    Replied: 5/3/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    If the claim originated from your employment it would be covered by workers compensation. You can either file a claim on your own or get a workers compensation attorney.
    Answer Applies to: California
    Replied: 5/3/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    No but you have a workers compensation case against the employer and its insurance company. Call a workers comp attorney.
    Answer Applies to: Florida
    Replied: 5/3/2011
    Cary J. Wintroub & Associates
    Cary J. Wintroub & Associates | Cary J. Wintroub
    You may have a worker's compensation action not a personal injury action. You should review your rights with a worker's comp lawyer.
    Answer Applies to: Illinois
    Replied: 5/3/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Marcelo Dieguez
    Yes. At a minimum, you may have a Worker's Compensation claim.
    Answer Applies to: California
    Replied: 5/3/2011
    Diana K. Zilko, Attorney at Law
    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
    Replied: 5/3/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    Sounds like you may be limited to a workers' compensation claim. Does your employer have worker's comp insurance? Have you consulted with a comp attorney? If can refer you to someone if you need it.
    Answer Applies to: New York
    Replied: 5/3/2011
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