I fell from stairs while cleaning the stairs during the working hours because the stairs was not nail down the rubber mat was of the stairs.I was in workers comp.system since February 2011,I settle the case before 1 month with workers comp.insurance.My question is do I have the right to sue the employer for not working in safe conditions,negligence?.I had 3 back surgeries,diagnosed with IBS,sciatica,spinal stesnosis,spondylosis etc. which make me not capable of working because my medical condition is severe.Can I sue employer for negligence and pain and suffering in ?Thank You!
Generally, the workers' comp statute makes employers immune from suit for negligence like the one you describe. But, if the employer was also the owner of the property, then the employer can be sued for simple negligence (as the owner of the property, not as the employer). More than likely, though, your ability to sue the employer now was addressed in the paperwork that you previously signed as part of settlement of the comp case. You should take any settlement paperwork you have to an attorney to find out (a) whether you have a good case for negligence and (b) whether it'd be barred as a result of having signed away that right in the comp settlement.
There is something called employer immunity that precludes an employee to sue an employer in a worker’s compensation injury case. There are some exceptions to this “immunity” law that a worker’s compensation lawyer can examine to see if your case fits an exception or whether your case will be barred from filing suit against the employer. Good luck!
The Law Offices of Keith Ligori
Legal Disclaimer: Keith Ligori is licensed to practice law in the State and Federal Courts of Florida. 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 time lines that, if known, could significantly change the reply and make it unsuitable. Mr. Ligori strongly advises the questioner to confer with an attorney in order to ensure proper advice is received. To learn more about The Law Offices of Keith Ligori, please call our firm toll free at 888.254.7119 or visit www.keithligorilaw.com
If a 3rd party was also responsible, other than the employer, you may still be able to sue. Generally, though, you may not sue the employer for injuries at work except through the worker compensation statute.
I agree with the excellent answer by Ken Schwartz but would only add to make sure that you read very carefully the workers' compensation settlement documents that you signed. Many times they contain language stating that you are settling any type of suit that you could have ever brought against the employer and this may be buried in the middle of one of the long paragraphs. If you did not have an attorney represent you in the workers' compensation settlement, you need to consult an attorney in your area that specializes in workers' compensation law to review your settlement documents to see if you retained the right to a legal action against the employer as a landowner.
Disclaimer: the above does not constitute legal advice and is only an opinion of the author as to current law. You should consult an attorney with questions about your particular situation.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline