Anyone ever file a Civil suit?

[rickandkryss]

First of all I would just like to say that a civil suit does not have a cap of $5000 unless your suing in small claims court. A civil suit can entail basically any issue for whatever amount of money is deemed appropriate. It is true that work comp protects the employer from lawsuits by an injured worker, however it does not make them untouchable. The court system depends on cases that argue something new and change the status quo...how else would things change? With that said I encourage anyone who may feel that they have a valid argument, to present it to an attorney who practices employment law...not just one attorney either. Call every attorney in the book under employment law, because only one may be up for the challenge.

I myself pursued my employer through the EEOC and came very close to winning, so close in fact I had an attorney waiting to take it into District Court when the EEOC sent me a "right to sue" letter. I chose not to pursue it because it was important to me at that point to begin moving on with my life, so my employer did not win twice.

I may have lost but I feel good knowing I did everything I could to defend myself and that it is now on record with the EEOC so if they do it to someone else that person will hopefully be victorious in their fight against Freightliner.

The WC system will be this way as long as we let it be this way.

[Still in Limbo]

After re-reading this original post, the only way I could possibly see a civil suit is if it stated in your work agreement or Union contract that you were to have extra help with this student, if not it's going to be a you said, they said situation. Even if you do have it in writing I think it would be an uphill battle because you are receiving w/c and it's set up to protect the Employer from lawsuits. I have seen third party suits over faulty equip. or the Employer not following certain safety standards, but these are usually in the Construction business. If you feel that strongly though that you have a case, I would find counsel that deals with these types of suits and ask. Best of Luck!!

[BeenThere]

AQA Wrote: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.

1) Negligence (duty / breach) 2) causation and 3) DAMAGES (that would be your injury)

As to suing the employer without insurance, at least in CA, that leaves the employer open to civil suit, and negligence is presumed.

Best of luck to you.

[cat]

RickandKryss, do u know if there's a statue of limitations on a civil suit?

[rickandkryss]

Cat, it depends on the type of lawsuit as well as the state your in, each state has different statute of limitations for civil suits.

[cat]

thank you for your reply do u know of a website i cud get info about it? i am in ohio. As i'm sure you can understand i feel so much anger due to my work related accident which has screwed my life up. I try to be up beat and try to keep positive but so hard to do when your body won't function properly. thanks again

[billybubba]

cat Wrote:thank you for your reply do u know of a website i cud get info about it?  

You are on it. Click Info by State near the top of this page.

[squigs037]

Because of my job and that the person(s) who inflicted my injuries are deceased I wasn't able to file a civil suit.  

Wouldn't of mattered because whatever I would of received, comp would of wanted for eveything they have paid out for first; doesn't seem right does it?

[rickandkryss]

cat Wrote:thank you for your reply do u know of a website i cud get info about it?  i am in ohio.  As i'm sure you can understand i feel so much anger due to my work related accident which has screwed my life up.  I try to be up beat and try to keep positive but so hard to do when your body won't function properly. thanks again

I would need to know the type of civil suit you are going for...because it will make a difference on where you need to look. Whether it is third party liability, EEOC, wrongful discharge, work comp, etc...