Can I sue my job for not taking care of an injury I had for 3 years?

UPDATED: Jan 6, 2012

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Can I sue my job for not taking care of an injury I had for 3 years?

About 3 years ago I got a piece of metal in my eye form work and my supervisor said that they weren’t not obligated to send me to the hospital. The metal is still in my eye; it’s rusting and is infecting my vision.

Asked on January 6, 2012 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The real question is, why haven't you gone to the hospital? There is no law stopping you from doing so, or requiring you to wait for your employer to send you.

If you were injured at work, you may be entitled to worker's compensation, and/or to sue your employer for the injury if the employer was at fault in some way; you should definitely speak with an employment law attorney to see what compensation you may be entitled to. Do this immediately; there is a time limit for taking action for personal injury and for worker's compensation. It may already be too late; but if not, you don't want any more time to pass.

However, your employer is *not* liable or responsible for not sending you to the doctor or hospital. It's not an employer's obligation to get medical care for its employees--just to provide the appropriate monetary compensation when necessary. Regardless of what the employer said, you could have gone to the hospital at any time--and from what you write, you should go now, immediately, before the problem gets worse. Save your vision and health; then worry about the compensation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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