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  1. #1
    jdepronio is offline Junior Member
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    Injured at work - Can employer be sued for negligence

    State of NY,

    Ok I have a strong workers comp case - employers insurance company has been fine. My injuries are T-7/8, bulging and herniated disk - L-3/4 buldging and herniated, both approved for disk replacement, L-5/S-1 approved for disk fusion, also right hip labrum tear, awaiting futher exam's.

    I maybe deciding to settle the case instead of surgery, heard many good/bad stories regarding the proceedures.

    My question is, can I sue my former employer for neligence, since they offered no on the job training or supplied the proper equipment to perform the job safely..

    I worked for a major discount outlet store and was hurt while moving a piece of large furniture with no proper equipmrnt to do so, and no employees available to help with such items, I routinely would have to move or lift items that on the packaging stated "team lift", but because they were allways understaffed and typically worked with women I had no help (not saying a women couldnt help)...

    Thier practices are still in-effect...so do I have the right to sue?
  2. #2
    pattytx is offline Senior Member
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    You have the right, of course. Generally speaking, Worker's Comp is the sole remedy for an on-the-job injury, unless gross negligence on the part of the employer is proven. What your chances for prevailing are, however, is not something we can say. See an attorney specializing in Work Comp.
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  3. #3
    antrc170 is offline Member
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    Quote Originally Posted by pattytx View Post
    You have the right, of course. Generally speaking, Worker's Comp is the sole remedy for an on-the-job injury, unless gross negligence on the part of the employer is proven. What your chances for prevailing are, however, is not something we can say. See an attorney specializing in Work Comp.
    Agreed, Workers comp is going to be your best source for remedy. If you decide to file suit you are going to have to answer some questions.
    You knew that you didn't have the proper saftey equipment when you performed this action, why didn't you demand it?
    You said you worked with women, did you ever ask for help or just assume they couldn't or wouldn't help you?
    Can you tell the court how many times you asked for additional training?
    Ever mention to the employer that you felt unsafe performing these actions?
    So, you knew you were underequiped, untrained, and without assistance, yet continued forward with the action?
  4. #4
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    A other-than-workmans comp-suit? Likely not. You should file an OSHA complaint though.
  5. #5
    jdepronio is offline Junior Member
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    I did ask for assistance many times, the other employees were either busy, or unwilling to help.

    I asked on several occassions if they had better methods to move heavy items, no response.

    I complianed regarding team lift items..no response.

    Yes I continued to do my job, when it took 11 months unemployment to find a part time job, you do what you need to do.

    Even today, the work enviroment in that department is dangerous.

    Department managers would laugh at how bad the equipment was...

    If OSHA investigates and finds negligence then is that prof enough on liability on employeers part?

    I have a strong WC case and attorney...and all has been fine, just looking for down the road protection.
  6. #6
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    Unfortunately, no. Its is just one of the give & take issues that the legislatures dealt with when writing the legislation. The give is that you cannot sue them for negligence. The take is that you do not have to go through the proving processes associated with a non-WC case (like it was a pre-existing condition; what your pay was, etc.; what is a hand worth, etc).

    An OSHA finding would further help your WC claim but would not aid in a non-WC suit.
  7. #7
    jdepronio is offline Junior Member
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    The WC case is going fine..no issues, actually my attornet sent out a demand letter, since I may be opting out of doing surgey, I have an opportunity to going back to work in my main career field, whick allows me to sit all day (fun) but no more manual labor, so sit home for $720.00 a month oon comp or go to work for $4,000 a month. Going to work dosent hurt my case, ecause the injuries are documented and the insurance excepted liability.

    Just want to cover all avenues for financial recovery..other than the WC demand amount.

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