can you sue for pain & suffering while on workers comp
2007-03-01 05:24:47 · 8 answers · asked by Anonymous in Business & Finance ➔ Insurance
There has to be negligence on the part of the employer. Generally, no jury will award under Employers Liability unless you can prove gross negligence.
So, to answer your question, probably not unless your employer intentionally caused the injury or had some sort of hazard in the workplace that he knew existed and refused to remedy. Spilling oil on the floor and you slipped and fell is NOT Gross negligence. Leaving it there for weeks while employees try not to fall in it, might be.
To comment on MomKnowsEverything's answer above me, if a third party were at fault in a car accident as she detailed and you sued, the workmans compensation carrier would collect back any monies that they paid out to you, including any medical bills they paid to doctors or hospitals, under the comp benefit first. You would get what was left. Worker's Comp carriers have a right to subrogate (collect back money they pay out) if the injury you sustain was cause by someone else while you were on the job, such as in a work related auto accident.
2007-03-01 05:37:56 · answer #1 · answered by Faye H 6 · 0⤊ 0⤋
It depends. If you suffered a work-related injury that was the fault of someone OTHER than your employer or a co-worker, you can, at least in Pennsylvania. You cannot sue your employer or a co-worker for pain and suffering, but say you were driving a company vehicle, and were involved in an accident because somebody in another car ran a stop sign. You could sue the other driver for pain and suffering, and you would collect your normal benefits through woker's compensation.
2007-03-01 05:28:01 · answer #2 · answered by MOM KNOWS EVERYTHING 7 · 0⤊ 1⤋
When an employee is on Worker's Compensation (meaning medical treatment and other benefits for on-the-job injuries), they are prevented from suing their employers over those injuries. However, if a third party is involved and/or caused the injury, the employee may sue that person for damages such as pain and suffering.
2016-03-29 05:47:56 · answer #3 · answered by Anonymous · 0⤊ 0⤋
No. The way workers comp works, if the employer carries workers comp, it makes them immune to the employee's lawsuit. Workers comp is a "not at fault" coverage. They pay your medical bills and lost wages. You can't sue.
Some states will allow the employee to sue, if they do NOT collect medical bills or lost wages for the claim - it's an "either/or" situation - take your chances suing, where you have to PROVE your employer was negligent (in other words, it's their fault, AND it wasn't an accident), or, have guaranteed payment of your medical bills & lost wages.
2007-03-01 06:21:48 · answer #4 · answered by Anonymous 7 · 0⤊ 1⤋
If your on workers comp you shouldnt get "sue happy" and start sueing your workplace from an accident. They had no intentions on hurting you, and you should be happy enough your workplace has workers comp unlike some workplaces. Don't take it for granted. Your probably fine.
2007-03-01 05:29:47 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Another fine example of why the insurance and court systems are so screwed up in America....
Gotta get my check.... gotta get paid.
2007-03-01 05:30:30 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You could, but you would have to prove that your injury wasn't an accident.
Without any specifics of what happened to you, I don't know what else to tell you.
2007-03-01 07:54:23 · answer #7 · answered by Matt1331 2 · 0⤊ 0⤋
This site might be able to offer you advice/information on this. http://legal.divinfo.com/
2007-03-01 05:31:40 · answer #8 · answered by Reenie 3 · 0⤊ 0⤋