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+--- Thread: Anyone ever file a Civil suit? (/showthread.php?tid=434)
Anyone ever file a Civil suit? - hmkmck1 - 05-23-2007 09:59 AM
Anyone ever file a Civil suit after their WC case was over? My employer, a school, knew I wasn't qualified to handle a special ed student and they gave me no help and the principal didn't help like she was supposed to. That student hurt me and 2 others, one that is still being treated.
RE: Anyone ever file a Civil suit? - Bad Boy Bad Boy - 05-23-2007 10:12 AM
Question is, who you going to sue?
Being Work Comp, hurt and injured on the job, and work comp being no fault.
RE: Anyone ever file a Civil suit? - hmkmck1 - 05-23-2007 10:18 AM
Not WC, the School, for not giving me someone licensed to help with special ed. students.
RE: Anyone ever file a Civil suit? - Dallas307 - 05-23-2007 10:35 AM
That is exactly what I was going to say. WC is a no negligence issue.
RE: Anyone ever file a Civil suit? - jayne - 05-23-2007 11:37 AM
in other words tough luck
RE: Anyone ever file a Civil suit? - billybubba - 05-23-2007 11:43 AM
In most states you would have to prove extreme and possibly intentional negligence. WC is a no fault system that exempts the employer from general liability. Those same protections are what allow people to be covered even when accidents are their own fault.
Theoretically you could sue the family of the child, as parents are generally liable for the actions of their minor children. That is probably a long shot given the circumstances as I understand them, and even if you were to pursue that and win, you should know that the workers' comp insuror will have the right to place a lien on any financial award you receive. It is viewed that they are also victims of the third party's negligence or actions, and are entitled to reimbursement for their expenses.
RE: Anyone ever file a Civil suit? - Bad Boy Bad Boy - 05-23-2007 11:49 AM
Like in my case, the Co-worker pulled a prank, yes I could sue him personnely, but he doesn't have any assits, so what would I get?
RE: Anyone ever file a Civil suit? - tweety00 - 05-23-2007 07:30 PM
would an employer who didnt have any w/c i/c at the time count ?
RE: Anyone ever file a Civil suit? - AQA - 05-23-2007 07:41 PM
From what I have been told from an attorney in ref. to a third party claim. Three things need to be proved. 1) Negligence. 2) causation. I do not recall # 3. In my case he believes there is no problem proving negligence. Causation is a nother issue. I will need for my dr. to state that in his medical opinion what i did ( body mechanics ) caused the injury. I will find out soon. The wc. ic. will get their money back from the suite. It didn't cost anything to speak with the attorney.
RE: Anyone ever file a Civil suit? - Dallas307 - 05-23-2007 07:46 PM
Tweety- all but 2 states have mandatory WC. unless something has changed laetly that I missed- and that is possible. But those without are open to negilence suits. Most have some form of limited benefits, they do not protect the employer from emplyee law suits.
AQA was the third in the are of known or should have know the defect was there and/or failure to warn?