What is considered to be a workers compensation injury?
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What is considered to be a workers compensation injury?
I had a couple of falls at work due to negligence (my ex-mamager’s and also due to lighst in the stairwell being out). I have 5 bulging discs. I have since had 2 repaired but am still having problems with the others. Can I file a lawsuit against the company if I am currently working there? If so, what is the statute of limitations?
Asked on September 4, 2010 under Personal Injury, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Workers compensation is an area of the law that was developed to allow an employee the ability to collect wages, etc., for a work related injury. With this creation comes the responsibility of an employer purchase special insurance specifically for this purpose. A benefit for the employee. But also with the creation comes a benefit for the employer: the employee can not sue them directly for the injury under "regular" tort or personal injury law. This is a generality. In some states there used to be exceptions to the rule but you need to assume that the rule applies to you in the first instance. Now, if the negligent avt that caused your injury was doe to the negligence of another (maybe the building owner?) then you can sue him or her and then they will bring your employer in to the lawsuit as a "third party." What is most important here is that you need to seek legal help as soon as possible. Good luck.
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