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sue your employer
10-13-2011, 01:54 PM
Post: #1
sue your employer
[/b][/size]once someone that is injured on the job accepts workers comp benefits, they can no longer file an injury lawsuit against their employer...correct?
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10-13-2011, 05:43 PM
Post: #2
RE: sue your employer
(10-13-2011 01:54 PM)Alt Wrote:  [/b][/size]once someone that is injured on the job accepts workers comp benefits, they can no longer file an injury lawsuit against their employer...correct?

You can't sue anyway, whether you choose to file a WC claim or not. WC is your EXCLUSIVE REMEDY for a job-related injury.

DISCLAIMER: I am not an attorney. While drawing from my professional training and experience in law enforcement and as a former Paralegal, no comments offered should be considered as legal advice.
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10-13-2011, 06:32 PM
Post: #3
RE: sue your employer
(10-13-2011 05:43 PM)LeglEgl Wrote:  
(10-13-2011 01:54 PM)Alt Wrote:  [/b][/size]once someone that is injured on the job accepts workers comp benefits, they can no longer file an injury lawsuit against their employer...correct?

You can't sue anyway, whether you choose to file a WC claim or not. WC is your EXCLUSIVE REMEDY for a job-related injury.

except in texas where employers have the option of having comp coverage.
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10-13-2011, 06:41 PM
Post: #4
RE: sue your employer
except in texas where employers have the option of having comp coverage.
[/quote]

Well, then again, we're talking about a different country.

DISCLAIMER: I am not an attorney. While drawing from my professional training and experience in law enforcement and as a former Paralegal, no comments offered should be considered as legal advice.
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10-13-2011, 07:17 PM
Post: #5
RE: sue your employer
(10-13-2011 06:41 PM)LeglEgl Wrote:  
(10-13-2011 06:32 PM)1171 Wrote:  
except in texas where employers have the option of having comp coverage.

Well, then again, we're talking about a different country.


[/quote]

yup. that's probably the first place where the U S needs it's border fences/walls.
do they still do hangings?
they really hated leaving the nineteenth century.....
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10-17-2011, 11:11 AM
Post: #6
RE: sue your employer
There is the option of filing a "Serious and Willful Misconduct Petition". Talk to a lawyer, you may have a case. I feel have a strong one, but still unsure of what I will do. Here is a link to "How to file a serious & willful misconduct petition"
http://www.dir.ca.gov/dwc/iwguides/IWGuide08.pdf
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10-17-2011, 11:36 AM
Post: #7
RE: sue your employer
(10-17-2011 11:11 AM)allison Wrote:  There is the option of filing a "Serious and Willful Misconduct Petition". Talk to a lawyer, you may have a case. I feel have a strong one, but still unsure of what I will do. Here is a link to "How to file a serious & willful misconduct petition"
http://www.dir.ca.gov/dwc/iwguides/IWGuide08.pdf

Allison:
what makes you believe alt's claim is subject to california jurisdiction?
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10-17-2011, 11:57 AM
Post: #8
RE: sue your employer
"Allison:
what makes you believe alt's claim is subject to california jurisdiction?"


No I actually didn't see a location in post. I was just offering some info. It may help ALT or someone else Big Grin
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10-31-2011, 03:38 PM
Post: #9
RE: sue your employer
I m in state of Florida as far as I know You can sue Your employer after 2 years for negligence since You had work injury even if You settle with workers comp.This is why I m on medical leave 8 months since workers comp deny my benefits,my company didn t fire me even they can by the law after 3 months of medical leave they don t have to keep position for You but in my case they didn t fire but they don t pay me nothing because they know that after 2 years I can sue them for negligence and they don t want to look bad in front of the judge.Everything related to workers comp injury is game,You have to play their game
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10-31-2011, 03:38 PM
Post: #10
RE: sue your employer
I m in state of Florida as far as I know You can sue Your employer after 2 years for negligence since You had work injury even if You settle with workers comp.This is why I m on medical leave 8 months since workers comp deny my benefits,my company didn t fire me even they can by the law after 3 months of medical leave they don t have to keep position for You but in my case they didn t fire but they don t pay me nothing because they know that after 2 years I can sue them for negligence and they don t want to look bad in front of the judge.Everything related to workers comp injury is game,You have to play their game
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