In most all states you cannot pursue a claim against your employer if they have workers compensation insurance and are providing benefits. If there was a third party (not a co employee) that caused the injury then you can pursue that third party action outside of workers compensation. Please check with a workers compensation atty in your state to see if you have any options there.
We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.
I agree with Mr. Connell's response. Additionally, if the foreman is for the job site and not the foreman for your employer...then you should be able to pursue a third party suit (personal injury suit).
Depending upon the statute of limitations in your state, if the foreman works for your employer and failed to follow certain statutory safeguards, there might be additional remedies under the work comp system. In California there is a penalty imposed for violations of regulations, codes, rules, etc., known as serious & willful misconduct. Consult a lawyer in your area and ask about this.
Please be advised that the advice provided does not create any attorney/client relationship; that due to the various state laws that the information provided is a general overview of work comp law, which might not be applicable to you, based upon the laws of your state. We will not file anything on your behalf nor protect any statute of limitations which might arise and recommend that you IMMEDIATELY consult legal counsel for advice.
In some States you might be able to sue the co-worker individually. Usually it needs to be an elevated form of negligence called gross negligence. Check with a local attorney and make sure he or she gets all the facts. They can advise what other remedies may exist. You most likely just have a worker's compensation claim.
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