I don't understand why I can't suit.
4 attorney answers
You are really making us work to try to figure out what your question might be. My guess is that you are asking why you cannot sue your employer for pain and suffering after you have entered into a Section 32 Schedule award.
In every state of which I am aware, a worker cannot sue his employer for an on-the-job injury covered by worker's comp. There are numerous reasons, but the principal concept is that you don't have to prove negligence on the part of the employer, in fact you can have a workers comp claim even if the employer was not in the least bit negligent. All you have to prove is that you were injured, it was accidental, and it was within the course of employment. The trade-off is that you are limited to your remedies under workers comp and you can't bring suit even if the employer was in fact negligent and you can prove it. So, the employer's comp carrier will have to pay some claims in which the employer was not negligent, but will not have to pay pain and suffering for claims in which the employer was negligent.
You certainly should have been advised of the full ramifications of accepting a Section 32 Schedule award (if that's what you are talking about) but even had you not accepted the award, you still would not have been able to pursue your employer.
If your injury was caused by someone other than your employer (say, a janitorial company, a contractor, or other outside agency on the premises) then you might have a cause of action against them (again, assuming they were negligent and you can prove it) but then you would have to pay the workers comp carrier back out of the proceeds.
Your question is unclear but you appear to be asking why you cannot sue your employer for an on the job injury. If I'm reading this correctly, the answer is that the law states the "exclusive remedy" for injuries on the job is workers compensation.
answers to questions are for general purposes only and do not establish an attorney-client relationship.
The law, fair and correct or not, does not permit a lawsuit against your employer [with very limited exceptions).
Your question is not understandable as written. Are you trying to sue your employer? If that is your question, suing one’s employer for personal injury is generally not allowed, although there are a few exceptions. You should consult with a personal injury attorney.
Please note that answers to questions are for general purposes only and do not establish an attorney-client relationship. Attorney Feraru has practiced for over two-decades dealing in many types of cases, including: personal injury, criminal, family and many other civil matters.