i had a work injury caused by another employee & workers comp denied my claim.im suing my job, can they fire?
me for trying to get my workers comp back? my atty will file suit shortly, will my job retaliate and fire me. a girl assaulted me hit my back now im seeking physical therapy.
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I believe you have a valild claim. It is up to your employer to provide a safe work place which they failed to do. Not sure what sort of compensation you have received so far, or what you are after, but your employer is liable for damages caused by the girl. They can’t legally retaliate, but if you get enough of a settlement, that would be something you won’t have to worry about. Oh, and if you are a guy, I wouldn’t tell too many people you got your a** kicked by a girl. Keep using the word assault.. or unprovoked assault. Good luck.
Your claim may be denied. An assault by a co-worker might be excluded from coverage based on the ‘intenional acts’ exclusion, which means they don’t pay for criminal activity.
But what is it that you are trying to get anyway?
If she did assault you…..you should be pursing criminal charges against HER…..not trying to find a golden pocket.
You can sue her in court and if you win….let HER sue your employer for failure to keep the two of you apart.
Your beef is with her and her personal liability policy (in her homeowners or renters policy) NOT with your employers work comp.
Most employers have a retaliation clause. This states that they cant retaliate against you for attempting to resolve a situation like this. Although, if this happened at work, the employer is also responsible for the other employee while the employee is on the clock and should be liable for any injuries attained while you are on the clock, no matter whos fault it is.
Nope, they can’t fire you, or you’d be able to sue them for that too. BTW…suing your job won’t get your worker’s comp…you have to appeal the decision through the company that holds the Workman’s Comp insurance.
Suing your company for not providing a safe work environment might work if you’re looking for more money…however a word of warning…good luck getting a job for another company in the future if they find out you sued your ex-employer.
Your employer will find an “excuse” to get rid of you. They may not “fire ” you for suing them, but more than likely they’ll come up with a reason to terminate your employment, that you will not be able to fight. Maybe something like incompetent for the position or some other stupid excuse. Sad but true, it can be done and leaving you with no recourse other than trying to find another job, unless of course you have a union job. then the union will fight the company on your behalf, and they generaloly win. Then when you do apply with another company and they ask why you left your last employer, and you say i was fired for suing them…..you see where this is going. Good luck!
Attack by another EE is a compensable claim. If you were not
working there, and performing the duties of your job, this would
not have happened. The test for compensablity is AOE/COE, that the
injury Arose Out of your Employment/and in the Course Of that
Employment. You can file charges against the other EE who attacked
you. That may cost more in litigation fees than you would receive
in a settlement. It would be doubtful this EE has enough money to
satisfy the judgement. FILE the claim with your ER. Sounds like a
lot of todo over some Physical Thearpy…
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I’ve never learned so much from any other blog before. Enjoyed
reading this today.
How did things today make you feel?
MY FRIEND HAD A NON WORK RELATED INJURY. IT WAS RESOLVED BUT 17
YEARS AFTER A CO-WORKER ON THE JOB, FELL ON HER AN A REINJURY
OCCUR. WHY WOULD THE WORKERS SAFETY AND INSURANCE BOARD DENY HER
CLAIM? SHE NEVER COMPLAIN FOR THIS PAIN FOR 17N YEARS, AND NOTHING
IS DOCUMENTD IN HER MEDICAL FILES FOR ALL THESE YEARS.