do to a injury at work Ive had to have back surgery,360 degree spine fussion?
the injury was caused by my employer not fixing a problem with the door of the truck i was driving. since i am on workers comp am I able to sue him for his neglect or am i stuck with what ever workers comp decides to settle the case for, or can i do both? any idea what workers comp will settle with me for, I live in oklahoma
Although I am unfamiliar with the Oklahoma WC laws (I’m in California), you may bring a seperate suit in the WC court for Serious and Willful Misconduct. You would allege that your employer had knowledge of the dangerous condition, and did nothing to abate it.
You could also file a negligence suit against the employer; however, the WC insurance company will file a Petition for credit; meaning any money you make in the civil suit, if successful, may be used to pay for the WC medical bills.
Good luck!
It doesn’t do any good to post this question over and over and
over. The answer will be the same… you CANNOT sue your employer
for a work related injury unless you and PROVE there was fault. As
posted previously, you are ultimately responsible for your physical
saftey just as your employer is. YOu cannot continue to work with
equipment you believe to be substandard, then come back and scream
foul… claim your exclusive remedy right to benefits under your
state workers compensation laws. If you are still in doubt, from
free information on a message board, discuss your claim with an
attorney. Menifee, the labor code is specific in a Serious and
Willful Misconduct claim… ”4553.1. In order to support a holding
of serious and willful misconduct by an employer based upon
violation of a safety order, the appeals board must specifically
find all of the following: (1) The specific manner in which the
order was violated. (2) That the violation of the safety order did
proximately cause the injury or death, and the specific manner in
which the violation constituted the proximate cause. (3) That the
safety order, and the conditions making the safety order
applicable, were known to, and violated by, a particular named
person, either the employer, or a representative designated by
Section 4553, or that the condition making the safety order
applicable was obvious, created a probability of serious injury,
and that the failure of the employer, or a representative
designated by Section 4553, to correct the condition constituted a
reckless disregard for the probable consequences.
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=9987126742+0+0+0&WAISaction=retrieve
Note the above, ALL three of the issues must be found present to
prevail in this claim.