Injured on the job

[concernedmom2]

What is the name of your state? NY
I was injured on the job and I want to know if I can sue my boss for neglegence. I told them three weeks prior to the incident that the lift was not working right. They even had down time to fix it and they said no. I have the truck log to prove it and I keep getting told by everyone you can't sue your boss. What about after they let me go when the worker's comp is over?

 

[Beth3]

No, you cannot sue your employer. Filing a worker's compensation claim and receiving whatever benefits you are entited to under NY WC reg's is your sole recourse.

What about after they let me go when the worker's comp is over? What makes you think you will be terminated?

 

[concernedmom2]

Why am I fired

NY
I am fired because they have already fired me once adn were told by thier attorney to atleast wait until after the case was closed and have a good reason. All this was said in front of me and my attorney. My attorney said sadly this was all standard. They have already offered a tiny settlement because I am due to be on permanent disablity and they know it.
Don't get me wrong, I'm not lazy I would LOVE to go back to work I HATE sitting around not being able to do anything. Too long at the computer gets to me.

 

[Beth3]

And I presume your attorney has already told you that you cannot sue the employer, correct?

 

[concernedmom2]

He told me I can't, but I have heard of people getting large settlements from their employers and I was wondering if he was blowing smoke so I would keep this suit going. I am not looking for a large settlement I just feel that all these trucking companies with their crappy equipment and "if it's broke let the driver do the best they can with it" policies should have to pay. Instead of getting hurt so bad that I can never drive again, which is what I love. Now I have to beg my husband for a ride to the grocery store.
Sorry for the rant.

 

[cbg]

Workers comp law specifically addresses this question. One side of the coin is that if your injury or illness is work related, your employer MUST pay your medical bills/lost wages. That's what you get out of the law.

The other side of the coin is that you CANNOT sue your employer. That's what your employer gets out of the law.

No, you cannot sue your employer. Period.

 

[Beth3]

A settlement an injured employee receives from their employer's WC insurance carrier (or the employer) is NOT as a result of a civil lawsuit. It would be because (a) the employee was left with a permanent partial disability and must be compensated for that under State WC reg's, and/or (b) the employee was entitled to a settlement for loss of future earning capacity, and/or (c) the employer unlawfully terminated the employee as defined in State WC reg's.

An employer can be criminally prosecuted by the State if they were negligent and it resulted in severe harm to or the death of an employee but they cannot be sued civilly.

Your attorney was not blowing smoke nor is there any reason why he/she would.