Do I have any standing to sue for an OTJ injury?

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Do I have any standing to sue for an OTJ injury?

I fell on stairs at my job and they were wiggly and rusty metal with food and
dirt all over them. I have been out for quite some time and they have been paying
me a of my normal pay and also covering medical bills.

Asked on July 24, 2016 under Personal Injury, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Based on what you write, your employer may be liable for your injuries since they would seem to have been negligent, or unreasonably careless, in not maintaining and cleaning the stairs. That said, if they are paying your wages and covering your medical bills, what would you sue for? You are already receiving most of what you might be able to recover in a lawsuit; and if you already getting what you'd be entitled to, there is no point in suing. (You can't collect double or extra by suing; if you're entitled to $X and were paid $X voluntarily, you can't get more than $X by suing.)
The only reason you might have a viable case would be if you have suffered some long-term or permanent life impairment or disability; in that case, you may be entitled to some amount for "pain and suffering" in addition to your wages and medical costs. However, suing for "pain and suffering" can be expensive, since you need to hire a medical expert to testify: therefore, unless it is a meaningful or significant  and long-lasting disability or impairment, it's not likely to be worthwhile suing.
If you have suffered such a long-lasting, significant impairment or disability, then you should consult with a personal injury attorney to see what you case may be worth and it is worthwhile to pursue it.


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