When can I sue for negligence? 14 Answers as of May 18, 2015

I am waiting on workers compensation case that is still pending. It involves a work slip and fall. When can I legally sue for negligence too?

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Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
Are you the person who just asked the same question? Either way, here's the answer: 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. Accidents that occur on construction sites or car crashes during the course of employment have particular rules as well.
Answer Applies to: New York
Replied: 5/18/2015
End, Hierseman & Crain, LLC | J. Michael End
You can't sue your employer for injuries you suffer on the job. Your only potential lawsuit would be against a third party whose negligence may have caused your injury.
Answer Applies to: Wisconsin
Replied: 5/18/2015
Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
In Michigan, and most other states as far as I'm aware, if you are injured on the job, your "exclusive" remedy against your employer is work comp. There are a limited exception or 2, but 99 of fact situations don't fit any exception. Now if there was someone other than your employer, or a co-employee, who were negligent and their negligence proximately caused your injuries, then, depending on the facts and damages, you may look into a "3rd party" case. The typical MI statute within which to bring a 3rd party claim is 3 years (although there are different statutes with different lengths and some with notice requirements, depending on the type of claim(s) that could be brought). Since there usually is not a "one size fits all" answer to most legal questions, you may be well advised to consult local counsel that regularly handles the type of case you believe you have for a more definitive analysis and for legal advice.
Answer Applies to: Michigan
Replied: 5/18/2015
Bulman Law Associates PLLC Injury Law Firm
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
Same answer. Doesn't matter if your employer ignored your safety warning hundreds of times about the wet floor.
Answer Applies to: Montana
Replied: 5/18/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Usually not, generally workers comp is the exclusive remedy, with exceptions.
Answer Applies to: Michigan
Replied: 5/18/2015
    Geneva Yourse | Geneva Yourse
    No. Worker's comp is the only remedy unless a 3rd party was was negligent.
    Answer Applies to: North Carolina
    Replied: 5/18/2015
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    Probably never. Discuss your case with an attorney.
    Answer Applies to: Illinois
    Replied: 5/18/2015
    Pius Joseph A Professional Law Corp. | Pius Joseph
    You can only claim workers compensation against your employer. If there is negligence of someone other than your employer(eg a third party ) then you can bring a negligence action.
    Answer Applies to: California
    Replied: 5/18/2015
    Ty Wilson Law | Ty Wilson
    Depends upon who you are suing. If you want to sue your Employer you will not be able too. Georgia falls under what is called the exclusive remedy rule. The Georgia legislature has passed laws stating you can only sue your employer through the state workers' compensation system for any injury which occurred as a result of your work.
    Answer Applies to: Georgia
    Replied: 5/18/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    2 year statute of limitation. There will be an off-set.
    Answer Applies to: California
    Replied: 5/18/2015
    Law Offices of George H. Shers | George H. Shers
    Unless you are planning to sue someone else than your employer and/or co-employees [e.g. you fell on a defect in the floor that was put in by an independent contractor], never! ?You can not sue your employer if they have WC insurance. ?Even if you could sue, they would be entitled for credit in the civil suit for any similar benefits received through WC.
    Answer Applies to: California
    Replied: 5/18/2015
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    Would it be possible for your to describe how your accident happened? If the accident was caused in part by someone other than your employer, you may be able to file a third-party claim for negligence in addition to the workers' compensation claim.
    Answer Applies to: Illinois
    Replied: 5/15/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Only one bite of the apple, unless the party responsible is not a coworker.
    Answer Applies to: Michigan
    Replied: 5/15/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    If the accident was caused by a fellow employee, or the nature of the workplace, you might not be able to seek any remedy except Workers Comp. Talk to an experienced workers comp lawyer. They know best the limits of this law, and how it might be possible to get around it, if at all. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 5/15/2015
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