Can I sue?

Asked 5 months ago - Tampa, FL

I work in an Assistant Living facility. I was helping lifting and transferring a resident and the other employee dropped her side. The resident went down to the floor. I grab him and I felt a pull. On the way down the resident grab me by the waist in fear of the fall. We then lift him up off the floor and that's when I really felt the pull. My D.O.N and Administrator knew about the danger of this resident lift because I am the third person that has been hurt with lifting and transferring this resident?. Question 1: Because this is an Assistant Living facility, can they have an resident the is total lift? 2: If the employee know about the danger of lifting and transferring this resident and still required us to do so, can they be sued for putting there employer in harm.

Attorney answers (6)

  1. Dennis Alan Palso

    Pro

    Contributor Level 13

    10

    Lawyers agree

    Answered . Under Florida law, an employer who has workers' compensation coverage generally enjoys what is called tort immunity, meaning that this employer cannot be sued by its own employers for negligence. Workers' compensation benefits without having to prove employer fault is the trade-off the injured worker receives. Sometimes it is more than fair but often it is not as fair as being able to sue the employer for negligence. I have been representing injured workers throughout the Tampa St. Petersburg area for close to 30 years and have seen many prospective clients jaws drop when I explain this to them. A Florida bar board-certified workers' compensation lawyer who only represents injured workers may be able to help you with your workers compensation case. There are some exceptions to this tort immunity concept where an injured worker can sue their own employer that the out-of-state lawyers may not be aware of. However, I agree with Mr. Shapiro that as to the facts stated in your case I do not see any of these exceptions applying and I am afraid you may be limited to workers' compensation benefits.

    Disclaimer: The above does not constitute legal advice. It is the opinion of the author and is based upon facts... more
  2. Bruce S Rosenberg

    Contributor Level 3

    9

    Lawyers agree

    Answered . Based on the facts that you have presented above it appears that you would need to file a worker's compensation claim.

  3. Robert David Shapiro

    Contributor Level 15

    7

    Lawyers agree

    Answered . I've represented injured workers for over 35 years here in Florida, and although it would be nice to be able to sue the employer for gross negligence unfortunately this is not possible. You simply have a Worker's Compensation claim, and if you were severely injured and unable to work, I would strongly suggest you hire an aggressive Worker's Compensation lawyer to help you get to the correct doctors and get the best medical treatment. Trusting the Worker's Compensation insurance company for your employer is like letting the fox watch the henhouse. It costs nothing to hire an attorney for Worker's Compensation since they all work on the same contingent fee basis. I hope this answers your question and that you found the answer helpful.
    Sincerely,
    Robert Shapiro

    The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual... more
  4. David Scott Benn

    Contributor Level 10

    5

    Lawyers agree

    Answered . Your only remedy is to file a workers' compensation claim. You cannot sue your employer for negligence.

  5. John M Connell

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . I will defer to the Fla attys here however in most states you cannot sue your employer if they have workers compensation insurance. You have to file a claim with your employers workers compensation carrier

    If this information has been helpful, please indicate by providing feedback that the answer was either "helpful"... more
  6. Christopher Edward Ezold

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.

    That being said, I think you need to restate your first question, as I am unclear as to what you are asking. As to your second question, you cannot sue if the injury was in the course of your employment, but must instead apply for workers' comp.

    /Christopher E. Ezold/

    I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My... more

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