Can I sue my former employer for an injury due to negligence? 16 Answers as of January 30, 2013

While working for my previous employer I was electrocuted on 2 separate occasions by very powerful currents up to about 800v. Both incidents happened because the rooms worked in were covered in pooled water because there was only one drain in the room which they had been repeatedly told by auditors there needed to be more and the electrical cords being strewn all over the floor even though it had been repeatedly suggested that the cords should hang from the ceiling on some sorry of rack system had also been ignored. Lastly on each occurrence no-one seemed to think it was a very big deal and sort of laughed it off and did not tell me to go to the doctor but just to fill out an "incident and loss form". I also did not go to the doctor because I didn’t think it warranted it and I didn’t want to miss work. I did was not let go for this but was laid off later.

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Probably not. You can sue for workers comp.
Answer Applies to: Michigan
Replied: 1/30/2013
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Sounds like your feelings are hurt and you are otherwise ok. What is the problem? If you have a health problem based on the issue go to a doctor and see a worker comp lawyer. Doesn't sound like much based on what you say.
Answer Applies to: North Carolina
Replied: 1/10/2013
Your sole remedy for an on the job injury is a workers comp claim. You likely waited too long, plus it appears you have no injury.
Answer Applies to: Georgia
Replied: 1/10/2013
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 and damages for "pain and suffering" is not available. If you have a permanent injury, you may be able to get a "schedule award" which is based on a formula depending on the extent of your disability and your rate of pay, offset by payments that you have already received. But you should get some advice as to whether the schedule award is your best option. Depending on your situation, you may be better off getting disability payments and having your medical expenses taken care of. There may be another possibility, if there some party other than your employer who caused the accident, such as a janitorial company or repair service.
Answer Applies to: New York
Replied: 1/10/2013
Law Offices of Charles R. Perry
Law Offices of Charles R. Perry | Charles R. Perry
Your losses for any injury you may have suffered due to your employer's negligence must be pursued in a worker's compensation claim. You may not pursue any such claim in the courts, assuming your employer has paid its worker's compensation insurance. I don't see anything you wrote about your being laid off that would give you a claim against your employer.
Answer Applies to: California
Replied: 1/10/2013
    Steven Miller | Steven Miller
    if you were not injured, you would have a tough case. You need to have damages, plus you never went to the Dr. or have a workers comp visit.
    Answer Applies to: California
    Replied: 1/10/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    You can file a workers compensation claim against the employer. If someone other than the employer owned the building, or otherwise has some responsibility for the dangerous conditions you describe, then you might be able to sue that person/entity.
    Answer Applies to: South Carolina
    Replied: 1/10/2013
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    Lawyers can't help people who don't help themselves. You should have gone to the doctor right after it occurred; you should have seen a lawyer at that time. You should have reported it right after it occurred. People fail to do the simplest things, distrust lawyers and then want the lawyers to some how pull a rabbit out of a hat long after they have failed to do everything they should have. See a lawyer.
    Answer Applies to: Iowa
    Replied: 1/10/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    if you were injured on the job you are entitled to worker's compensation. Under New York State law you cannot sue your employer for injuries incurred during work hours.
    Answer Applies to: New York
    Replied: 1/10/2013
    Ken Love Law | Kenneth Love
    Call a workers compensation attorney immediately for representation.
    Answer Applies to: North Carolina
    Replied: 1/10/2013
    Gates' Law, PLLC | Thomas E. Gates
    You do not indicate whether there were any injuries. If not you do not have a claim. If so, file for workman's comp.
    Answer Applies to: Washington
    Replied: 1/10/2013
    Bassinger & Harvey
    Bassinger & Harvey | Randy J Harvey
    Generally your only recourse for an on the job injury is through workers compensation. You should consult a personal injury or workers compensation attorney.
    Answer Applies to: Oregon
    Replied: 1/10/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Since you did not suffer permanent injury, probably not. However, if it is that bad, you should complain to OSHA or the state equivalent agency.
    Answer Applies to: Idaho
    Replied: 1/10/2013
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You can bring a workers compensation claim for this injury.
    Answer Applies to: Connecticut
    Replied: 1/10/2013
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Generally speaking, your remedy lies in Workers Compensation. You can make the claim yourself, or you could retain a lawyer skilled in that area of the law. Check your local yellow pages, or call the State Bar of Wisconsin, and ask for the Lawyer Referral and Information Service.
    Answer Applies to: Wisconsin
    Replied: 1/10/2013
    KEYL ADR Services, LLC | Mark D. Keyl
    It doesn't appear that you have suffered damages that would support a lawsuit. I would certainly advise OSHA of the unsafe work environment.
    Answer Applies to: Mississippi
    Replied: 1/10/2013
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