Can I sue my employer for my injury even if the workers compensation paid all the medical bill? 17 Answers as of October 18, 2013

I was injured at work last week. I had to have surgery to repair injury. Workers compensation has paid for all medical. Can I sue employer for this injury?

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Robinette Legal Group, PLLC
Robinette Legal Group, PLLC | Jeffery Robinette
Most West Virginians are familiar with Worker's Compensation Insurance which will cover only a portion of the cost of workplace injuries. Many do not know, however, that West Virginia has a second avenue for compensation for injured employees. If your injuries resulted directly from an unsafe conditions of which the employer was aware, a "Deliberate Intent" case can be filed on behalf of the injured employee. To Prove Deliberate Intent on the part of your employer, you must prove: That a specific unsafe working condition existed in the workplace which presented a high degree of risk and a strong probability of serious injury or death; That the employer had a subjective realization and an appreciation of the existence of such a specific unsafe working condition and of the high degree of risk and the strong probability of serious injury or death presented by the unsafe working condition; That the specific unsafe working condition was a violation of a state or federal safety statute, rule, or regulation, whether cited or not, or of a commonly accepted and well-known safety standard within the industry or business of such employer, which statute, rule, regulation, or standard was specifically applicable to the particular work and working condition involved, as contrasted with a statute, rule, regulation, or standard generally requiring safe workplaces, equipment, or working conditions; That the employer thereafter exposed an employee to such specific unsafe working condition intentionally; and That the employee suffered serious injury or death as a direct and proximate result of such specific unsafe working condition. If you are unsure about whether or not there has been deliberate intent on the part of your employer, contact a personal injury attorney today for a free consultation.
Answer Applies to: West Virginia
Replied: 10/18/2013
Law Ofices of Edwin K. Niles | Edwin K. Niles
Yes, but you'll have to be able to prove negligence. Or, if the injury is permanent, you can seek a permanent disability rating through workers compensation.
Answer Applies to: California
Replied: 10/17/2013
Pete Leehey Law Firm, P.C.
Pete Leehey Law Firm, P.C. | Pete Leehey
In addition to being entitled to have your medical bills paid, you are entitled to be paid for time missed from work pursuant to doctor's orders. There is a three day waiting period that must be satisfied, although once you have missed two full weeks, then you should be paid for the waiting period. In addition, if the treating doctor eventually assigns a permanent impairment (disability) rating, you are entitled to additional compensation.
Answer Applies to: Iowa
Replied: 10/17/2013
Law Offices of John W. Merting, P.A.
Law Offices of John W. Merting, P.A. | John W. Merting
No, workers comp benefits and law prevent an injured worker from suing his employer. However, if the injury was caused by a third party of defective product you could file suit against them, but the W/C company would have a lien on your recovery to recoup the benefits it paid to you.
Answer Applies to: Florida
Replied: 10/17/2013
SMITH HORRAS, P.A. | Ellen Smith
Unfortunately, no, in Idaho you cannot sue your employer for personal injury if you were injured on the job. You must operate within the worker's compensation law to obtain relief. However, you may be entitled to benefits under the worker's compensation law other than purely medical costs if you have a permanent impairment and/or permanent disability. Often, the insurance company and/or your employer will not inform you of the other benefits that you may be entitled to in order to settle the case as inexpensively as possible. I would highly recommend you seek an attorney for evaluation of your claim.
Answer Applies to: Idaho
Replied: 10/17/2013
    A. Dawn Hayes & Assoc. P.A.
    A. Dawn Hayes & Assoc. P.A. | A. Dawn Hayes
    Probably not.WC was created to give injured workers immediate access to medical treatment and lost wage compensation, regardless of whether the injured worker was at fault?and in return gives employers immunity from civil lawsuits, except in extreme circumstances such as the employer held a gun to your head, pulled the trigger and shot you.
    Answer Applies to: Florida
    Replied: 10/17/2013
    Gates' Law, PLLC | Thomas E. Gates
    You cannot sue your employer.
    Answer Applies to: Washington
    Replied: 10/17/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Your exclusive remedy against your employer for an on the job injury, with certain very limited exceptions, is for compensation benefits. The purpose of the Comp Act is to pay a person for the affect the injury has on their earnings ability. If you have a permanent disability, your employer may owe you for that. You have 2 years from the date of accident or last payment of compensation, whichever is later, to file a claim for permanent disability benefits. There are no time limits on filing a medical claim. Consider talking to an experienced worker's compensation lawyer.
    Answer Applies to: Alabama
    Replied: 10/17/2013
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    No. Compensation is the exclusive remedy. The comp benefits include the payment for required medical care and treatment, and wage loss benefits during the time that you are unable to engage in employment. No "pain and suffering."
    Answer Applies to: Michigan
    Replied: 10/17/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    No. you are bound by comp law.
    Answer Applies to: North Carolina
    Replied: 10/17/2013
    Law Offices of George H. Shers | George H. Shers
    Not unless you fall within the very narrow exclusion of having used an unguarded stamping machine. The trade off in WC for the employer having to pay whether or not they are at fault is that you can not sue them in civil court. Why would they have complete liability without getting some trade off?
    Answer Applies to: California
    Replied: 10/17/2013
    Lewis B. Kaplan | Lewis B. Kaplan
    Yes by filing a Worker's Compensation claim seeking additional compensation. Meet with a lawyer to discuss details.
    Answer Applies to: Illinois
    Replied: 10/17/2013
    McMahan Law Firm
    McMahan Law Firm | Van D. McMahan
    Yes, you should make sure your employer (insurance company) pays for your past and future lost earnings. Make an appointment with your attorney soon. Good luck and God Bless.
    Answer Applies to: Tennessee
    Replied: 10/17/2013
    Chen Kasher, Esq.
    Chen Kasher, Esq. | Chen Kasher
    No, worker's comp is your exclusive remedy. However, you are entitled to disability pay as well that is a percentage of your income.
    Answer Applies to: Illinois
    Replied: 10/17/2013
    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: 10/16/2013
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    Only if you can prove your employer intended to injure you (and I'll tell you you can't prove that in Michigan). Your sole remedy against an employer for an on the job injury is workers compensation. If you can find someone other than the employer/a co-employee that is responsible for your injury, then you may sue them, but which will have a lien against such a case for the monies they have paid out (although a formula determines what they will actually receive, which is usually about 2/3 of what they've paid out in comp).
    Answer Applies to: Michigan
    Replied: 10/16/2013
    Johnson & Johnson Law Firm, PLLC | Richard Johnson
    No, not unless the injury was deliberate / intentional.
    Answer Applies to: Washington
    Replied: 10/16/2013
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