If your injury is covered under workers compensation, you will not have an independent suit available to you for pain and suffering etc. against your employer. Worker's compensation will be your exclusive remedy in this type of situation.
Legal Disclaimer:
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.
If your employer does not subscribe to a workers' compensation plan, you can sue them directly for your injuries if they were negligent in either causing the broken wheel or failing to fis it or warn you about it. You would generally have 2 years from the date of the accident to file a lawsuit.
