Can I sue my employer for injury on the job? 35 Answers as of May 28, 2013

I was injured at work and broke my elbow. 2 months later they let me go. Can I sue my employer for injury on the job?

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Lapin Law Offices
Lapin Law Offices | Jeffrey Lapin
Yes you can sue your employer for your work-related injury. Generally, as long as your injury "arose out of" and was sustained "in the course of your employment," which basically means you were injured while working, you are entitled to workers compensation benefits. The fact that you were let go two months after your injury does not relieve your former employer from paying all workers' compensation benefits you are entitled to. If you have questions about your rightsand options I would suggest contacting a workers' compensation attorney.
Answer Applies to: Nebraska
Replied: 9/18/2012
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. As for suing them for firing you, you would have to prove that they fired you in retaliation for filing a worker's comp claim. With the information you provided, success is unlikely. If you are able to go back to work but no longer have a job, you are entitled to unemployment insurance benefits.
Answer Applies to: New York
Replied: 9/5/2012
C Meryl Murphy, Attorney-at-Law, LLC
C Meryl Murphy, Attorney-at-Law, LLC | Candace M Murphy
You would need to have our case evaluated by an attorney. The attorney will interview and determine the specific facts of your case and evaluate it accordingly. Good luck.
Answer Applies to: Texas
Replied: 9/5/2012
David F. Stoddard
David F. Stoddard | David F. Stoddard
You can file a workers compensation claim.
Answer Applies to: South Carolina
Replied: 9/5/2012
Law Office of Melvin Franke | Melvin Franke
Maybe, see an experienced workers' compensation attorney for that claim. A civic action may be against anyone who injured you.
Answer Applies to: Missouri
Replied: 9/5/2012
    Mosley, Engelman & Jones, LLP
    Mosley, Engelman & Jones, LLP | Britany M. Engelman
    If you are injured on the job, you would fall under Workers' Compensation - but yes, you would be compensated for your injuries. Additionally, if there was a third party involved that caused the incident/injury, you could file a civil lawsuit against the third party. Given the extent of your injury (I.e. A broken bone), you should consult with an attorney soon to discuss your rights and ensure that you are being protected.
    Answer Applies to: California
    Replied: 9/5/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    Yes.
    Answer Applies to: Michigan
    Replied: 5/28/2013
    Stephens Gourley & Bywater | David A. Stephens
    That would probably be a worker compensation claim.
    Answer Applies to: Nevada
    Replied: 9/5/2012
    The Law Firm of Reed & Mansfield
    The Law Firm of Reed & Mansfield | Jonathan C. Reed
    In most cases you have a workman's compensation claim against your employer if you are injured during the scope of your employment. This claim is not based on who was at fault but on the mere fact that you were injured on the job.
    Answer Applies to: Nevada
    Replied: 9/5/2012
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    You can make a workers compensation claim, and you should seek a good workers comp attorney to handle that for you. There is a specific statute in Florida that prohibits retaliatory discharge for making a comp claim, too.
    Answer Applies to: Florida
    Replied: 9/5/2012
    Arkady Itkin
    Arkady Itkin | Arkady Itkin
    * If you are injury is work related, you should file a workers compensation claim. Please request the appropriate form from your employer, and if there is any problem with that, you should consult with a workers compensation attorney. * If you have been terminated due to being injured on the job, you might have a legitimate wrongful termination claim based on disability discrimination. You should consider an experience employment attorney in your geographic area to discuss this further. Two of the above claims are handled completely separately, at least in the beginning.
    Answer Applies to: California
    Replied: 9/5/2012
    Law Offices of Maxwell Charles Livingston
    Law Offices of Maxwell Charles Livingston | Maxwell C Livingston
    Yes you can.
    Answer Applies to: Wisconsin
    Replied: 8/30/2012
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    You typically cannot sue your employer for an injury on the job. However, you would have a right to worker's compensation benefits. Contact an experienced worker's compensation attorney.
    Answer Applies to: Massachusetts
    Replied: 8/30/2012
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    The normal remedy for workplace injuries is Workers' Compensation from the Department of Labor and Industries.
    Answer Applies to: Washington
    Replied: 8/30/2012
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Your elbow injury is a worker?s compensation matter. You need to retain a worker?s comp attorney to assist you. They get paid from the settlement so there is no reason to delay hiring one. Your employer was not allowed to fire you because of your injury. Ask the worker?s comp attorney about a 132A claim to get your job back plus back-pay. You may also have a discrimination claim based on your injury. Your damages on a 132 A claim are limited whereas an ordinary discrimination claim has no upper limit. I recommend that you speak with an employment-discrimination attorney.
    Answer Applies to: California
    Replied: 8/30/2012
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You would have a workers compensation claim.
    Answer Applies to: Connecticut
    Replied: 8/30/2012
    Posternak Blankstein & Lund, LLP | Michael Eliot Rubin
    For workman's compensation only.
    Answer Applies to: Massachusetts
    Replied: 8/30/2012
    Meyer & Kiss, LLC
    Meyer & Kiss, LLC | Louis J. Meyer
    It depends on how you were injured. I would need to know more information. You can contact me at Meyer & Kiss, LLC, 312-765-0100. You may have a worker's compensation claim. You may also have a products case as well. Discuss with a lawyer that gives free consultations.
    Answer Applies to: Illinois
    Replied: 8/30/2012
    Maurice L. Abarr  Lawyer, Inc.
    Maurice L. Abarr Lawyer, Inc. | Maurice L. Abarr
    Yes you can make a claim for Workers Compensation benefits. Call my Maria, my assistant, if you want to discusd further and you are in Southern California.
    Answer Applies to: California
    Replied: 8/30/2012
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    Probably not, but you can make a workers compensation claim and should do so immediately.
    Answer Applies to: Virginia
    Replied: 8/30/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You don't "sue" your employer. You file a worker comp claim. Call the NC Industrial Commission in Raleigh or get on their website. Report the claim to the IC if it has not previously been reported. Your employer can let you go if you are not able bodied and cant do your job but the employer cannot fire you in retaliation for filing a comp claim.
    Answer Applies to: North Carolina
    Replied: 8/30/2012
    Law Offices of David M. Blain
    Law Offices of David M. Blain | David Blain
    Yes, but it appears to be a workers comp. issue.
    Answer Applies to: California
    Replied: 8/30/2012
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    When you become ill or injured, and the illness or injury arises out of the employment, that is a workers compensation case. The employer is obligated for your medical expenses, and if you are off work due to the injuries, for more than 2 weeks, the employer is obligated to pay your lost wages. In your case, you may also want to seek out a lawyer who handles employment discrimination/wrongful discharge cases.
    Answer Applies to: Michigan
    Replied: 8/30/2012
    Abom & Kutulakis, L.L.P,.
    Abom & Kutulakis, L.L.P,. | Jason P. Kutulakis
    All injuries that occur while in the course and scope of your employment are compensable under the workers compensation act. You must place the employer promptly on notice of the injuries. If you can prove that you were fired for filing a w/comp claim, you may have an additional claim for retaliation.
    Answer Applies to: Pennsylvania
    Replied: 8/30/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Yes, you have a workers comp case for sure.
    Answer Applies to: Michigan
    Replied: 8/30/2012
    Koning & Jilek, P.C.
    Koning & Jilek, P.C. | Jonathan Neal Jilek
    Yes. Call for a consultation.
    Answer Applies to: Michigan
    Replied: 8/30/2012
    Law Office of William L Spern | William Spern
    Make a workers compensation clime for the continuing injury. If they fired you because of the injury, in MI you can sue them for violation of the workers compensation act barring such discharge.
    Answer Applies to: Michigan
    Replied: 8/30/2012
    Cleveland & Metz
    Cleveland & Metz | Charles Cleveland
    You cannot sue your employer for your work injury. Your exclusive remedy in California is Worker's Compensation. Hundred years ago the system was set up to protect employers from lawsuits but provide specific benefits to injured workers. You're going to need an attorney. It is likely will also need an employment attorney as well for a potential wrongful termination if it was in retaliation for filing your workers compensation claim. Contact an attorney soon since your case is complicated and you may lose some rights because there are various timelines which may be imposed against you.
    Answer Applies to: California
    Replied: 8/30/2012
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