Can I sue my employer for negligence for a workplace injury?

by admin on December 20, 2010

I recently was injured at work and sustained a busted upper lip inside and out, which required stitches. I also have had to have a rootcanal done on one of my front teeth due to damaged caused by the accident. The injury happened when pulling a manual release cord that opens a large walk-in freezer door. The cord is attached to a metal fixture that fastens to the door. We only use this release cord when the button that automatically opens the door does not work. The metal fixture was resting against the door, and appeard that it was fastened securely. When I pulled the cord, the ficture struck me in the mouth and caused the injury. Later that day, the employees from the earlier shift said they realized it was broken, but did not report it to anyone. My question is, do I have justifiable grounds to file suit against the company for negligence? Thoughts, comments, suggestions?

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{ 2 comments… read them below or add one }

michr December 20, 2010 at 8:23 am

if you are in the US you are most certainly covered by workers compensation…. this is a "no-fault" system, it pays your medical expenses and reimburses you for lost earnings.

there is NOTHING to sue for, and under the laws that relate to WC you can NOT sue for negligence or pain and suffering….

if there is an actual safety violation, which from what you have here is NOT the case, then OSHA would get involved…

Janella December 20, 2010 at 8:23 am

the only way you can do that is to turn down the workers comp, quit and file. they won’t keep you for long after you do file for a civil suit, why would they.
they do need a safety review however…contact the county health dept. to see who you need to talk to.

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