Can I file a personal injury lawsuit against the company I work for?
I was recently injured at work when a supervisor dropped a lift down on my foot resulting in a fracture. I need to know if I have a lawsuit, if so, against who, and would I be able to stay an employee of this company afterward?
Answered By: Andrew T. Velonis, P.C.
Worker's comp covers medical expenses and time out of work. You cannot sue your employer for negligence. 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.
Answer Applies to: New York
Replied: 9/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 9/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Dwyer, Black & Lyle, LLP
Sorry to hear you go banged up. To answer your question: Typically, no. You would likely be limited to filing a Worker's Compensation claim. You must do this within 30 days of the injury so do so quickly. Worker's compensation will pay for your medical treatment and lost wages. Depending on your injuries and there effects, they may pay you a settlement as well. If there is a third party, someone other than your employer or you, that is responsible for the injury you may seek a recovery from them. To be safe, sit down with an attorney and have them make sure. If you file a Worker's Compensation claim, your employer cannot take any adverse action against you for doing so. If your employer doesn't have Worker's Compensation insurance, which they are required to have, then you can proceed against them directly.
Answer Applies to: New York
Replied: 9/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 9/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Jared Altman
You have a Workers Compensation claim and should get a lawyer for that who will work on a regulated, contingent fee basis. If the forklift was defective or improperly repaired, then you may have claims against others there.
Answer Applies to: New York
Replied: 9/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 9/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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