CAN I SUE MY EMPLOYER AS A THIRD PARTY AS HE NEGLECTED FIXING A GARGE DOOR THE RIGHT WAY AFTER I GOT HURT A NEW DOOR WENT UP I TOLD HIM SEVERAL TIMES IT NEEDED REPLACED BUT HE KEPT JUSTING FIXING SO IT WOULD HOLD TOGETHER 10 BY 10 WOODED DOOR HE PUT 1/2 THICK PLYWOOD ON THE TWO BOTTOM PANELS WHICH MADE IT EXTRA HEAVY THIS IS A FAULT OF HIS NEGLECT
From what I Understand w/c is No Fault, meaning that if You File a w/c Claim, You can't Sue. I don't know Your State, or Your Injuries, but I'm Pretty Sure I'm Correct! Best of Luck, and Welcome to the Forum!!
That is correct. Generally your employer is protected from liability negligence by the workers' comp system. WC is a two way street. If your injury had been entirely due to your own negligence, your employer would still be required to pay. It is a no fault system where your rights to sue have been negated as part of that trade off.
By the way, WC will only provide medical and wage loss coverage. It will not reimburse you for pain and suffering.
There were some unsafe work enviroment issues involved in my husbands injury also, and both our and our attorney's research was the same as above. Also your employer is not a 3rd party, so that wouldn't apply.
Did your employer fix the door themselves or did they have a garage door repair service do it? If a third party fixed it and added weight to the door without adjusting the spring system(or replacing with heavier springs) or didn't refuse to fix it because it was unsafe then that might be the third party to go after.
Did your employer fix the door themselves or did they have a garage door repair service do it? If a third party fixed it and added weight to the door without adjusting the spring system(or replacing with heavier springs) or didn't refuse to fix it because it was unsafe then that might be the third party to go after.
the sales man of the company added the weight to the door not the owner pa is where i reside
If it was another company employee I think you are S.O.L. You could do something if the person who did the work was a contractor or garage door repair service.
suggest you get ahold of Timothy Belt on this forum he is a PA.lawyer and would know what you can and cannot do