I do cleaning and was dusting a shelf close to the floor and someone there(their employee) left a file cabinet open,i stood up and slammed my head and should have gotten stitches,but didnt ,now they want to fire me cuz i said they are liable and could get sued ,they seem to think this i a workmans comp issue but i think its a negligence issue ,doe's anyone know about this kind of stuff? thank you
2007-07-13 05:31:51 · 6 answers · asked by skybabe 3 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
i dont want to sue i just wanted to know what rights i have since they was talking about firing me because they thought i was going to sue ,cuz i said at the time i got hurt that good thing it's just me who got hurt ,someone else would sue them!
2007-07-13 06:16:12 · update #1
Depends on your state laws and people here are from all over the planet .
Don't waste time here .
Go to your employment / disability office and get the real time info from them .
Also consult and attorney in your jurisdiction . If you are coverable , they will work on contingency .
If not , they just don't accept the case (although some attorneys will refuse coverable cases that they feel have too low of a return )
2007-07-13 05:38:41 · answer #1 · answered by kate 7 · 1⤊ 0⤋
This is a work comp issue. Negligence implies that the employer was grossly negligent in some regard - putting the bottle of sulfuric acid next to the bottle of lemonade in the cooler, for example.
Leaving a file drawer open (a drawer that you probably would have seen when you bent down to dust the bottom shelf anyway, yes?) hardly counts as negligent.
As a contractor, you or the company with whom you contract must carry WC insurance. If your injury is severe, file a claim with the WC carrier. The company at which you perform the work has no liability here, and no obligation to continue to use your services as a subcontractor.
2007-07-13 06:27:10 · answer #2 · answered by Mel 6 · 0⤊ 0⤋
Check with the Legal Aid people in your community--they're usually in the phone book or you can hire an attorney they usually charge nothing for the first meeting which is the consultation phase. Try to pursue this and do get your workman's comp if possible and you are injured and cannot return to work. Anyone advising you, needs to have specific details.
2007-07-13 07:08:44 · answer #3 · answered by Anonymous · 0⤊ 0⤋
No. If you are a subcontractor, you are responsible for your own liabilities. And if you have others that work for you, you need to carry Comp Insurance on them. If they get hurt, it's you they will go after. As far as the negligence issue, it is your word against theirs. It wouldn't stand up in court.
2007-07-13 08:36:21 · answer #4 · answered by irish_indian_fantasy 3 · 0⤊ 0⤋
Stop being such a klutz and quit trying to scam the system w/ crap lawsuits. Workman's comp??? For bumping your head???
Also, unless you have a very specific contract, you're probably employed "at will" meaning you can be fired at any time for any reason w/o prior notice.
2007-07-13 05:52:07 · answer #5 · answered by Anonymous · 0⤊ 1⤋
No, if you are working as an independent contractor, you should be carrying your own workman's comp policy to cover accidents while on the job. You are not covered under their policy.
2007-07-13 05:35:41 · answer #6 · answered by sortaclarksville 5 · 0⤊ 0⤋