Can I sue my workplace for a personal injury if I’m on workers’ comp and have a settlement through it?
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Can I sue my workplace for a personal injury if I’m on workers’ comp and have a settlement through it?
I am a “non-emergency” driver; we deal in wheelchair and stretcher transports. They knowingly gave me a stretcher without the ability to put any kind of brakes on it and then they also sent me alone to a house for a stretcher ride. I got seriously injured and have been out of work for over a year. I am on workers’ comp and have settled a case based on workman’s compensation. However I wonder if I could also sue based on another reason separate from the work comp aspect such as gross negligence or another possible reason? They put me in a dangerous situation while fully knowing that I did not have equipment up to legal standards.
Asked on January 12, 2016 under Personal Injury, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
No, you cannot: Worker's comp is provided as an alternative to a personal injusty suit--as a way for an injured worker to get compensation more quickly, without the uncertainty and cost of a lawsuit. You are not allowed to sue over the same occurence or injury, even on ostensibly different legal grounds, as what you received worker's compensation for.
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