Got Electric Shock At Work

[freewheeler]

What is the name of your state? New York

I work in a Gov't Office and due to Malfunctioning timer ( the lights go off early & have been for about a week) I received a shock after trying to reset switch timer/ put lights back on. The pain in my arm was so bad afterwards I went to the ER later that night.

The ER doc told me nothing internal was wrong and to follow up with my regular doc who happens to be close to my work. So I actually went in to work the next day! I worked with my one good arm and it turns out doc's office was closed. It was a bad move going to work those next 2 days - it was very difficult - my hurt hurt like hell a few days afterwards also. Anyway - what are my legal rights?

 

[You Are Guilty]

Anyway - what are my legal rights?

That's a pretty broad question you know. Let's see. You have the right to remain silent. You have the right to an attorney. You have a right to choose your religion. You have a right to vote, if you're not a convicted felon and over the age of 18. You have the right to own real property in this country. You have the right to be treated for an emergency medical condition at your local hospital whether you have health insurance or not. You have the right to (mostly) free speech, and absolute freedom of thought. You have the right to a puclib education from grades 1 through 12. You have the right to refuse consent to a police officer who wants to search your car. You have the right to earn the minimum wage, or more. You have the right to import up to one liter of alcohol, duty free. You have the right to confront your accuser. You have to fight, for your right, to paaaaarty. You have the right to file a Worker's Compensation claim for your workplace injury. You have the right to ignore any and all of the above, but I wouldn't recommend it.

 

[blameshifting]

You have the right to call for someone who knows how to properly turn the lights on next time.

 

[enjay]

freewheeler, your only recourse is to make a Workman's Comp claim.

 

[Beth3]

You have the right to have your medical bill(s) paid for by the employer or their WC insurance carrier. That's it.

 

[freewheeler]

I mean Can I sue?

NY is the state.

I can't believe it. I could have been electrocuted at work and I get nothing - despite that I work in an office not a construction site where it comes with the turf - and the damn timer was screwed up for days and nobody did anything about it.

If I was a woman and someone groped me or passed me over for a promtion - I could get millions (?) What a bunch of bull. I want to get back at my employer so bad I can taste it.

 

[cbg]

Then you're just going to have to go on tasting. If you are injured on the job, the employer (or his workers comp carrier) MUST pay your medical bills, but the flip side of that coin is that you CANNOT sue him.

And in any case, nobody gets to sue for what might have happened.

That's the way the law works.

 

[blameshifting]

NY is the state.

I can't believe it. I could have been electrocuted at work and I get nothing - despite that I work in an office not a construction site where it comes with the turf - and the damn timer was screwed up for days and nobody did anything about it.

If I was a woman and someone groped me or passed me over for a promtion - I could get millions (?) What a bunch of bull. I want to get back at my employer so bad I can taste it.

I'll bet your arm suddenly feels a whole lot better now that you found out you aren't going to be getting millions for all the pain and suffering you've gone thru.

If you are looking for a big payday try the slip 'n fall routine at the local grocery store next.

 

[You Are Guilty]

Then you're just going to have to go on tasting. If you are injured on the job, the employer (or his workers comp carrier) MUST pay your medical bills, but the flip side of that coin is that you CANNOT sue him.

And in any case, nobody gets to sue for what might have happened.

That's the way the law works.

Wellllllllll, if we extend our imagination a little, if our intrepid OP manages to electrocute, say, his whole arm off, then the WC bar is lifted.

So, the real question becomes whether that's enough of an incentive for the OP to go electrocute his whole arm off? (NB: A leg would work too.)

 

[Beth3]

freewheeler: (1) The benefits provided to employees under their respective State's worker's compensation regulations are their sole recourse. They make an employer automatically liable for all occupational illnesses and injuries. If that were not the case, then anytime an employee was injured on the job, he/she would have to sue to establish employer liability and obtain payment for medical bills and lost wages. (2) The intent of WC statues is to make the employee "whole," not to provide a vehicle for an employee to get back at their employer for an accident that occured (even if the employer was negligent - which has not been established) or provide compensation for pain and suffering, etc.

Like I said posts ago - you have the right to have your medical bills paid. Period.

If your employer allowed an unsafe condition to exist, you have the right to file a complaint with OSHA. You also have the right to look for employment elsewhere if you don't care for your current situation.