• Please excuse our dust
  • We are continuing the redesign of our forums
  • We'll get there eventually!
Hello There, Guest! Login Register


Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
sue your employer
#1
[/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?
 
Reply
#2
(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.
 
Reply
#3
(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.
 
Reply
#4
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.
 
Reply
#5
(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.....
 
Reply
#6
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
 
Reply
#7
(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?
 
Reply
#8
"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
 
Reply
#9
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
 
Reply
#10
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
 
Reply
  


Forum Jump:


Browsing: 1 Guest(s)