My friend was injured at work.She works at a hospital, and she slipped on a wet floor,fell, and hit her head. There was no sign indicating the floor was wet. She had to get 3 staples in her head and has a concussion.She is unable to work right now because a nerologist said she has post concussion syndrome. Even though, she has the proper information for workers comp..they are stalling to give it to her. She is very angry and is always talking about suing. I want to know if this is a good thing to do. It was an accident and I worry if she tries to sue she would lose her job or something. Is it wise for her to proceed? Could she lose her job by suing the hospital she works for? She cannot afford to not have this job, she is a medical secratary.
2007-12-31 03:33:22 · 10 answers · asked by fatamorrighan 6 in Politics & Government ➔ Law & Ethics
While it is not legal to fire an employee for filing suit against an employer (this is called retaliation) you can bet they will find a way to fire her in short order that will be backed up in writing.
2007-12-31 03:38:18 · answer #1 · answered by davidmi711 7 · 2⤊ 1⤋
She should give the WC system a chance to work before whipping out the "I'll sue" sword.
2007-12-31 11:51:12 · answer #2 · answered by Anonymous · 3⤊ 0⤋
Of course they are going to find a way to fire her. You can count on this! I wonder why so many people say "It was an accident" since anyone can be at fault for not paying attention. Did your friend noticed the floor was wet? Why didn't the person who mopped put the sign up? Or was there a sign there and your friend didn't see it? In any case, the employer is obliged to provide a "safe" work environment for employees at all times. As for your friend afraid to lose her job, where there is one there is another. A medical secretary position is not a job she can't find elsewhere.
2007-12-31 11:49:58 · answer #3 · answered by Greentea4unme 4 · 3⤊ 0⤋
she'll probably win the lawsuit ? almost always slip and falls on company property are lost. she should consider looking for another job quietly. interview before / after work or use PTO only. get a private yahoo or gmail email address. if i was your freind, i would sue and i'd find a new job asap.
2007-12-31 11:48:02 · answer #4 · answered by Mildred S 6 · 2⤊ 0⤋
if she was at work i do not think she can sue, it is a Workman's comp thing,.....
2007-12-31 11:47:28 · answer #5 · answered by Anonymous · 3⤊ 0⤋
It's not the hospital she should sue, it's the workmans comp insurance company. She should check with the HR department to be sure her claim has been filed--- if it hasn't, she can get the contact information to file it herself. But usually you find it's the insurance company that is dragging its feet, not the employer. The employer PAYS the insurance company for the insurance and, while they don't want everyone to go get hurt and file claims, they should understand that that's why they have insurance to begin with. And suing the insurance company shouldn't get her fired because it's really none of the hospital's business. She can sue them all she wants and not impact the hospital.
I would recommend getting the state Department of Labor or Department of Employment Services (whatever you have in your state) involved before going to an attorney.
2007-12-31 11:44:46 · answer #6 · answered by dcgirl 7 · 2⤊ 1⤋
She should be protected against retaliation but the hospital could probably find legal ways to make her miserable...She should let the WC process run it's course; if what you explain truly happened that the hospital will be required to follow whatever WC laws apply in your state......A lawsuit is very difficult especially if you have not allowed your employed a fair amount of time to comply with all applicable labor laws of your state....Be patient.
2007-12-31 11:43:33 · answer #7 · answered by Is it Friday yet?? 4 · 4⤊ 0⤋
Dirt bags that is what they r-tell ur friend to get a good lawyer n sue the nuggets off the hospital n no they can not fire her just because she has filed a suit that would be stupid on there part to do that but do not be surprise if they tried other ways to get rid of her like saying she was not doing her job giving her a poor performance evaluation u get the idea.
N the fact that there were no cones posted letting employees,patients or visitors know the floor as wet and resulted in head trauma is not good for the hospital n now they want to mess with her Workman's compensation.
Tell her to document everything n keep records of everything that goes on no matter how trivial it maybe be it all helps her in the end n that is what u want.
2007-12-31 11:43:19 · answer #8 · answered by Dark Shadows 3 · 2⤊ 1⤋
She shouldn't sue...but she can file workman's compensation. They will pay for her time off and medical bills.
Her employer can't legally fire her because she sues them, but they would likely make her job so uncomfortable and undesirable that she would eventually quit.
2007-12-31 11:42:12 · answer #9 · answered by Anonymous · 2⤊ 1⤋
Hmmmm......let's see. If I have an employee that sues me what would my motivation be to keep them on the payroll? Nothing! The first opportunity to get rid of them I would.
2007-12-31 11:38:35 · answer #10 · answered by MB 4 · 2⤊ 1⤋