Can I sue employer, post back injury?
I worked in a warehouse during the summer, I had to lift heavy boxes (20-90 pounds) from a pallet onto a conveyer so as you can imagine I had to reach over my head and bend to lift many of them. My boss was there beside me a lot of the time although he would just cut the boxes open, and hassle me to go faster continuously.
I injured/strained my back doing so, lower, middle, neck and and shoulders. I wouldn’t say it was severe, as I can walk, bend, move, etc, more or less but there was this strong and chronic all around pain and discomfort and a numbness i cant really explain.
I filled out A workers Claim form for the injury. This was 2 months ago, now im getting physiotherapy. I quit the job as they were going to fire me and because im a student.
But i know that i injured myself because and while i was pressured by the manager, and when hired i wAs told id have to lift 35 pounds tops. I want to know whats my case if i want to sue?
because the back, neck,shoulder pain is still there and its mAking me depressed, and even more so because of the way i injured it.
I dont know if this changes anything but ill mention that some of those boxes weighed almost as much as i do and also have anxiety and depressive problems which are now aggravated due to this, and Due to which i was taken advantage.
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Just because you were told does not mean you were misled and it can’t be admissible in court because it is hearsay only.
If your former employer is paying for your physiotherapy and paying the medical bills related to the incident then you really don’t have much of a case.
Your best bet would be to ask an attorney that has experience with workers comp. cases though.
No since you are covered by workmen’s Comp
Get a lawyer who specializes in injury claims and schedule a session with him. Shouldn’t cost you anything. Make sure you bring all appropriate documentation including job description, performance evaluations, employment paperwork, etc.
With regards to your mental pain and suffering – do not even mention ‘depressive’ problems until you get legal counsel as having an impaired emotional state might be brought up as a pre-existing condition and that won’t help your case, especially if they go down the line that they told you the job duties and you accepted anyway…
In most states Workers Compensation is the sole remedy as long ans no cross negligence on the part of the employer is involved. In this case there is none.
A lawyer may help you get the most out of the workers’ comp claim.
YOu don’t have a case, you have a claim for benefits due to a work
related injury. No, you cannot sue the employer. Filing a claim and
being paid benefits under the employers plan for industrial injury
is the exclusive remedy. You are receiving the benefits you are
due, get over this suit idea, complete your treatment and recovery,
and move on from this injury and claim.
Did you file a workers comp claim? On the job injuries are handled through workers comp not through lawsuits.
you can ot sue your employer in any state for on the job injuries if they provide workers comp, you can only sue the workers comp carrier, also unless you have permanent disability rating you can not sue, also there is no pain and suffering in workers comp
I’ll start out by saying that you probably won’t like this answer, but it’s based in fact.
First, let’s be clear: anyone can sue anybody for anything. The question really is: Do you have a case?
If your job description actually states, …must be able to lift up to 35 lbs, and you were routinely lifting more than that and can prove it, then you should consider talking to an attorney. You might have a case.
If you filed a Workers Compensation claim and were cleared for work by a physician, and didn’t report any further aggravation or injury, your claim will likely become null if you file a suit. you probably wouldn’t have a case.
Regarding quitting instead of getting fired because you were a student – that was your choice to make. This doesn’t help build your case.
With regard to being pressured by your manager to work faster. That’s what managers do. If you weren’t being asked to do something that was dangerous, illegal, immoral or unreasonable – then there is probably no case.