Can my brother file a lawsuit if he got injured on the job? 27 Answers as of May 05, 2014

My brother started a new job last year detailing jetliners and had slipped on a spill that was not properly cleaned up and had injured and twisted his leg. He did not have insurance and neither did his employer. Can he sue for damages? As he had to quit because he could no longer perform the duties required to work there. Also, his leg (knee) still hurts.

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Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
The typical remedy for an on the job injury is workers compensation. If the employer was not insured for workers compensation, then it may be possible to file a negligence action against the employer if the employer was negligent in some respect in regards to the condition that caused the injury. Also if there is a 3rd party responsible for negligence, there may be a claim/suit against them although in Michigan any premises liability case against an owner/controller of a premises is typically subject to the open and obvious defense. Your brothers best best is to consult counsel to explore the facts and circumstances of the incident to analyze whether there are any viable (legally and economically) claims to make.
Answer Applies to: Michigan
Replied: 5/5/2014
WILLIAM L SANDERS, ATTORNEY AT LAW | William L. Sanders
He should speak with a workers comp attorney. I understand employer is uninsured, which is why he needs to speak to an attorney that handles w.comp claims.
Answer Applies to: Georgia
Replied: 5/5/2014
LAW OFFICES OF ARMAN MOHEBAN | ARMAN MOHEBAN
He needs to retain an attorney to check for worker's comp carrier and then file 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: 5/5/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
How could the employer not have W.C. insurance? He will be subject to a penalty. Yes, please talk to a W.C. lawyer.
Answer Applies to: California
Replied: 5/1/2014
Law Office of Andrellos Mitchell
Law Office of Andrellos Mitchell | Andrellos Mitchell
WHY NOT?
Answer Applies to: District of Columbia
Replied: 4/30/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    He should file a Workman's Comp Claim.
    Answer Applies to: California
    Replied: 4/30/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    He can take action if the employer was required to have coverage and did not. see a good comp lawyer.
    Answer Applies to: North Carolina
    Replied: 4/30/2014
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Workers compensation. It will pay the reasonable charges for treatment necessary for the care of the work related injuries. It will pay his lost wages while he is unable to engage in any gainful employment.
    Answer Applies to: Michigan
    Replied: 4/30/2014
    Boesen Law, LLC
    Boesen Law, LLC | Joseph J. Fraser III
    It's surprising that a business detailing jetliners did not have workers' comp insurance, as it is required by law of all employers in Colorado. If the specific Employer actually did not have insurance, it raises the question of whether the company to whom it subcontracted had workers' comp insurance that would then apply under the doctrine of "statutory employer". If there really was no comp insurance, then one might pursue a civil suit, but the comp claim would be simpler and quicker and include the possibility of a penalty against the Employer for not having insurance.
    Answer Applies to: Colorado
    Replied: 4/30/2014
    Wayne J. Wimer, Inc. P.S.
    Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
    If he was working in Washington State, then his employer had to have Workmen's Compensation coverage to cover him for medical bills, wage loss, disability, and the like. He should immediately file with the Department of Labor and Industries for the coverage. If the employer didn't have coverage, then your brother can sue the employer, and the employer will have to pay by force of law.
    Answer Applies to: Washington
    Replied: 4/30/2014
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    He has a claim for workers' compensation. He needs to immediately retain employment counsel because he faces strict deadlines for filing his claim.
    Answer Applies to: New York
    Replied: 4/30/2014
    Neil Smith | Neil Smith
    Yes, he could file a workers comp case.
    Answer Applies to: Georgia
    Replied: 4/30/2014
    Pete Leehey Law Firm, P.C.
    Pete Leehey Law Firm, P.C. | Pete Leehey
    Your brother has a workers' compensation claim. If his employer did not have workers' compensation insurance as you state, then he would have the option of filing a District Court lawsuit.
    Answer Applies to: Iowa
    Replied: 4/30/2014
    Durham Jones & Pinegar | Erven Nelson
    His employer should have had workers compensation insurance coverage. If so, your brother should file a workers compensation claim. If not, he could sue the employer directly. Your brother may also have a claim against the airline or airport which failed to clean up the spill.
    Answer Applies to: Nevada
    Replied: 4/30/2014
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Normally, the exclusive remedy for an on the job injury is for limited compensation benefits with very few exceptions. If the employer had no insurance, there is a possibility your brother falls within one of those exceptions. Experienced workers compensation lawyers are familiar with these exceptions. He should consider consulting one.
    Answer Applies to: Alabama
    Replied: 4/30/2014
    KEYL ADR Services, LLC | Mark D. Keyl
    I suggest that he contact the Worker's Compensation Commission. He should have been covered under workers' comp. A lawsuit would be costly, lengthy, and not certain.
    Answer Applies to: Mississippi
    Replied: 4/30/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    He cannot file a lawsuit, but he can bring a worker's compensation claim. Worker's comp is mandatory, it is required by law, and the employer has no choice but to allow him to put in the claim. But: let's talk about that spill. Who spilled it? Not "properly" cleaned up, or not cleaned up at all? Who was supposed to have cleaned it up? Who cleaned it up improperly? Whose property was it on? Your brother may be able to go after "third parties", who may have been all or partly responsible for the conditions which caused the injury. He will need a lawyer to sort all this out.
    Answer Applies to: New York
    Replied: 4/30/2014
    Fox & Fox, S.C. | Richard F. Rice
    Your Brother should make a worker's compensation claim.
    Answer Applies to: Wisconsin
    Replied: 4/30/2014
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    What type of medical treatment did your brother have?
    Answer Applies to: Illinois
    Replied: 4/30/2014
    License Advocates Law Group LLP | Christine McCall
    His remedy is a workers comp claim. It is not too late. He should retain work comp counsel.
    Answer Applies to: California
    Replied: 4/30/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Well, if he was an employee, he is entitled to worker's compensation. If the employer didn't have insurance, that is a pretty big deal. He should report the employer to the entity in your state that controls worker's compensation. As for suing, can he prove it was the employer that left the oil there and not some random fueling guy? It will probably be a tough case to prove who was at fault.
    Answer Applies to: Idaho
    Replied: 4/30/2014
    Fluhr & Moore, LLC | Steven S. Fluhr
    He needs to find a worker's compensation attorney asap. He can sue, but may lose right to do so if claim not filed within the allotted time.
    Answer Applies to: Missouri
    Replied: 4/30/2014
    Penglase & Benson, Inc.
    Penglase & Benson, Inc. | John Benson
    This is the same as if he tripped and fell on the street. He certainly can sue for his damages. In Pennsylvania he has 2 years to file a suit from the date of the injury. If this happened last year then he needs to address is right away so that the attorney will have time to do an investigation and file suit if warranted.
    Answer Applies to: Pennsylvania
    Replied: 4/30/2014
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    If he got injured on the job he would be entitled to worker's compensation. All employers are obligated to provide said insurance for job related injuries. If the employer did not have same your brother should contact an attorney because a claim should be made into the uninsured worker's compensation pool. Sanctions and fines would be handed out to the employer because they did not cover your brother and he would be covered.
    Answer Applies to: New York
    Replied: 4/30/2014
    Geneva Yourse | Geneva Yourse
    In order to preserve your legal rights you have to file a workers' compensation claim. You should notify your employer as soon as you have an injury. Delay in filing could endanger your claim. You are unable to file a lawsuit outside of the confines of workers' compensation through the industrial Commission. All compensation will be received through the NC Industrial Commission. You should file a Form 18, if not already done.
    Answer Applies to: North Carolina
    Replied: 4/30/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes, he has a claim and a very limited time to file it. Get him to an attorney now.
    Answer Applies to: Michigan
    Replied: 4/30/2014
    WEISSMAN LAW FIRM
    WEISSMAN LAW FIRM | I.Donald Weissman
    If he was hurt on the job he can file for workers compensation. If the employer did not have workers compensation insurance your brother can make a compensation claim under the Uninsured Workers Compensation Fund, which should provide the same benefits to him as workers compensation. Or, he can sue the employer, since it was not insured, for his injuries and damages. The difference between the two is major. In workers compensation as long as the injury occurred while on the job there is no issue of fault. Benefits attach. (Lifetime medical for the injury, temporary and/or permanent disability payments.) If a lawsuit for injuries, fault must be proven before a defendant is responsible to pay damages. (A factor to bear in mind is whether the employer has the money to pay a damages award. If not, to get medical coverage or disability, the compensation claim process may be a better approach.) Consult with both an injury lawyer and a workers compensation specialist to determine the best course of action.
    Answer Applies to: California
    Replied: 4/30/2014
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