Can I sue my employer for not letting me get medical attention? 13 Answers as of July 12, 2013I injured my back (not work related) and went to work. After I got to work my back started to hurt more and I had numbness in my right leg. I asked my employer if I could got the hospital and he refused to let me go at that time. I asked serveral more times telling him that I need medical attention now. About 4 to 5 hours later he let me leave. Can I sue? and how long do I have to file a law sue?
Lacy Fields, Attorney at Law, LLC | Lacy Fields
Let's assume you can sue. What are your damages? For a lawsuit you must show that someone was negligent and that negligence caused you damages. Without a doctor to say that somehow your boss's delay made your injury worse, you don't really have a negligence case. If you have any further questions, feel free to contact my office.
Answer Applies to: Missouri
Law Office of Corey D. Bryan | Corey D. Bryan
Can you? Yes, would you be successful? Probably no. Your employer is not liable for injuries not incurred during the course of your employment. Typically the statute of limitations for this type of action is 2 years but it depends on what State you live in as it differs State to State.
Answer Applies to: Alabama
Ewusiak & Roberts, P.A. | Christopher J. Roberts
Possibly. I see two primary questions: 1) did you suffer a much worse injury due to the several hour delay in treatment (this would determine the extent of your damages, which are an essential component of any negligence claim), and 2) did the employer have reason to know that delaying your treatment may cause you such an injury. It is not per se unreasonable for an employer to want its employee to work an entire shift. However, an employer should never put an employee at risk of physical harm simply due to a desire to get a full day's work out of him or her. How long you have to sue depends entirely on your jurisdiction. Most states allow negligence claims to be brought within 1 year to as long as 4 years after an accident. You should talk to a lawyer in your area to determine your specific limitations period, and to flesh out more details of your claim to determine if you have a potential right to recovery.
Answer Applies to: Florida
Law Office of Russell D. Gray, PC | Russell D. Gray
If you were injured on the job (whether directly or because your injury got worse due to not going to the doctor) your only recourse is through workers compensation. However, because you were injured prior to going to work and had not sought medical attention, you may have a difficult time showing that workers compensation would apply. You need to talk to a workers compensation attorney. Also, if your original injury was caused through someone else's fault, you might have a claim against that other person. Otherwise there may not be anything an attorney could do for you.
Answer Applies to: Utah
David F. Stoddard | David F. Stoddard
I do not believe you have a viable suit. The only law that I am aware of that applies is the Family medical Leave Act. I f you have worked there for a year, and they have 15 or more employees, then you have a right to be absent from work for a serious medical condition. This is generally defined as a condition that requires you to be out for three or more days, or that requires on going treatment from a doctor. While your injury might meet one of those definitions, unless he fired you for being out for your medical condition, I feel you have no case. If your condition cannot be cured because you were not allowed medical attention until you finished your shift, you might have a case. Otherwise, even if your employer technically violated the FMLA, you have no damages.
Answer Applies to: South Carolina