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Mo | Can I sue my employer for getting injured due to a fire drill at work place?? |
would that be under employers liability or workmens compensatoin! |
 |
 
Don Drapers woman
|
You cannot sue your employer for injuries caused on the job. As another answerer indicated workers compensation is an "exclusive remedy". In other words, you are presumed to be covered for any injury at work regardless of whose fault it is. Because of the exclusive remedy, most states have laws that do not allow you to sue your employer for injuries that happen at work. Years ago, if someone was hurt on the job, their only recourse was to sue their employer. This led to so much litigation in the court system that workers compensation laws were established. In most states all employees are presumed to be covered by their employers workers compensation coverage unless the specifically reject their work comp coverage. If you reject your coverage, you can then sue your employer. You CANNOT reject your coverage after you get injured. The other people who indicated you can sue your employer are incorrect. You need to file a work comp claim. It will pay for your medical bills and time lost form work. You do need to be off work for your states "waiting period" which could be 3 -7 days, depending on your states statutes. You are not entitled to any pain and suffering compensation or punitive damages. |
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dimples_in_nj
 |
Since the accident happend within the course and scope of your employment this would fall under workers compensation. The fire drill was a direct act of employment safety which unfortunetly has led to a loss.
An employer's liability policy is unlikely remedy as workers compensation in most states is considered the "exclusive remedy" for most employee/employer disputes on work place accidents. An employer's liability policy rarely becomes liable unless the acts are intentional, malice or the employer was clearly aware that additional risks were present. Once again, extremely rare that an employers liability policy will kick in. |
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Ron
 |
Your employer will have Worker's Compensation insurance. Under this policy, there is a provision called "exclusive remedy". Under this provision, it states that the employer will be responsible for work-related injuries and disease regardless of whether it was the employee's fault. In return, the employee gives up the right to sue when the employer's negligence causes the injury.
In layman's terms, you can't sue but you can file a claim against the company's Worker's Compensation insurance and collect proceeds.
Ron, ChFC |
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Robert D
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Sounds like a Comp issue. The drill is required so it isn't under liability.
Unless your employer created an environment that caused your injury, then you might have something. |
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suspendedagain300
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You can only sue them if your injury was the result of some sort of negligence on your employers part. Otherwise, they are only responsible for your medical bills, salary, etc. while you are out of work. |
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stephenweinstein
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Just file a claim for workmen's compensation. You should not need to sue. |
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dontmesswithheather
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you probably couldnt sue him unless there was negligence involved. but you may qualify for workmens compensation. I would call and find out. |
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ritexcorp
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you can sue anybody for any valid or invalid reason. frivolous lawsuits are started all the time. Winning is a factor of proving negligence. The real question is " is it worth the time and expense". if you got injured on the workplace. this falls under workmans compensation. Fire drills are exercises intended to provide you with information and training, what to do in case of a life threatening event such as a fire. If the employer does not do a fire drill, if there was ever a real fire, you might have a case where you were injured because you did not know what to do, where to go, what were the fire escape routes, etc. If you got injured, you can collect under workmans compensation, so theres no need to sue? |
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naharashia
 |
that depends on who you hire as a lawyer. Some may say ABSOLUTELY! While others say...go home..heal...go back to work.
Look for every dime you take from your employer they will take from someone else and eventually the trickle down affect will not only trouble me but you and your neighbors as well..bascially by the time your life is over you wll be paying your own self.
If your not damaged beyond repair I would do what the Other lawyers say. |
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Effu
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you can sue your employer at any time for any reason |
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R J
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Good question. First if you need to see adoctor pick your own. Company doctors are there to get you fixed and back to work asap and are no good in the court. Even if you have already gone ot their doc, see your own and if you want tell there's to take a hike.
If you are going ot have some down time the workers comp my not pay your first week, then about up to 70% of what you make. If you are out along time they have insurance for that, but you needed to sign lup for it.
now if it's something dangerous on site that caused you to be hurt, contact Osha and report it. Several reasons, but the main one is they cannot sue you for filing wC or contacting Osha.
If it's serious contact a WC attorney, they have own doctors and wil make sure you don't get jerked around. Trust me I got hurt and two weeks later got fired. I was crushed on the job and drove a frozen food homedel truck. I still drove the standard piece of junk. then came in and manager fired me and had replacement. Good for me is all was on computer and showed I did a great job and I should have sued the s+++ out of those bas=+++s, but did not. It's been seven years and still have ruptured discs.
So sue the stuff out of them if they jerk you around nad buy one of those small recorders at wal marts and keep it on you and if lyou think they are going t jerk yo around record the suckers. Take care. |
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CinSue
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Yes. You should report it immediately and also make sure that someone else saw this happen. You need witnesses. |
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alecs
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The answer is both. Yes you can sue your employer or whoever is responsible for the fire drill. Injuries in the workplace is covered by workmens compensation. |
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