On October 26 of 2011 I had an accident on the job where I fell due to the tile floor near the work restroom, it was unstable and I tripped over it and hurt my ankle and my hips. The boss proceeded to take me to the hospital and they told me my ankle was sprained,and the doctor gave me days off of work, once I continued with work my ankle would get swollen and I could not work on it for long periods of time. They offered me to go to therapy but I didn't go due to the fact that my boss would get bothered with me for missing days and being slow at work. Just 2 weeks ago, I got laid off, Is there anyway I can open a case against my employer for laying me off just because of my injury? Can I sue for the fact that im still injured?
Workers' Compensation Lawyer
You certainly have a good workers' comp case. You should ask the boss or H.R. for a workers' comp claim form. Or you can get one at www.dir.ca.gov. Fill it out and turn it in to the employer. This should get you started on the road to W.C. benefits.
You probably cannot sue your employer for an on the job injury. Was the tile unstable because of some work being done? Was there a third party (not you or your employer) responsible for the fall? If not, then there's probably no personal injury case there.
You may want to get a free consult with a good workers' comp attorney. There are some great ones in the Inland Empire. Find a good one here at www.avvo.com or at www.caaa.org. CAAA is the association here in California for attorneys who represent injured workers. Or you can call me for a referral. Good luck.
4 lawyers agree
Wrongful Death Attorney
For the injury itself you cannot sue, but I do believe you sue if he laid you off because of the injury. It is discrimination if he laid you off because of the injury. You should speak with a workers' compensation attorney.
This is not legal advise and my opinion is not intended and does not create an attorney client relationship. Use this information at your own risk.
Intellectual Property Law Attorney
While I cannot give you legal advice in this forum, I would suggest you contact a good workers compensation attorney. A good workers compensation attorney should be able to handle all of these issues for you. I believe this scenario happens quite often.