Can I get compansation from my employer regarding an on the job accident?

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Can I get compansation from my employer regarding an on the job accident?

I was told not to use a ladder to remove a valve from a tank, so my boss got a pallet on a forklift for me to stand on to remove the valve. I fell and grabbed with my right arm to break fall but tore up my shoulder. After 2 surgeries that didn’t work, I am being told that I will have to live with the injury and permanent restritions of 20 lbs to waist/10 lbs to chest and nothing above that. I have been a truck driver all my life and was wondering if I can hold my employer responsible for for my accident?

Asked on March 27, 2019 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

To successfully sue your employer, you'd have to show that the employer was at fault in some way--for example, that he or another employee jostled the forklift or pallet, or that he had put the pallet on the forklift in a dangerous way, so it was not secure, etc. If the employer was not at fault in the fall (e.g. you simply slipped or tripped; you reached too far and overextended yourself; etc.) than the employer is not liable. Being your employer does not make them your insurer; you would have to be able to prove fault by a "preponderance of the evidence" (more likely than not) to win a case.


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