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Is muscle/nerve damage in my shoulder due to inhumane workload and demand for higher production grounds for legal action?

Santa Cruz, CA |

I've worked full-time for my employer over five years now. A man of small stature I stand at 5'6 and weigh only 134 lbs. Ever improving my output I move easily over 10k lbs of product each day. In these last weeks demand for higher production without regard for my health has furthered.Three weeks ago i contracted the flu and was granted one day to recover. the following week still ill i was treated poorly in my need for another day.After completing this last week I returned home immediately asleep from exhaustion. Waking on Friday with a sore shoulder/neck, the pain became more intense and now is a constant. At this point any wrong move harbors sharp shooting pain through my shoulder/neck. H/R will likely only attempt to hush me if I go to them. Legal action? Or out of luck?

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Attorney answers 8

Best Answer

Workers Compensation is the method of recovery provided you given the facts you presented.

Consult a Workers Compensation attorney with all the facts and let them make the claim but be prepared for backlash from your employer.

Best of luck to you.

Call for a free consultation at 727-937-1400 or visit us on the Web at



Thanks I thought this would be the case but I figured I should ask as in my case I have warned them on many occasions that I am only human and have limits. Forced to work my flu became walking pneumonia I thought maybe such treatment would be different. Thanks again but I think I'm screwed they are a very large corp and won't take guff from a kid like me. Crippled at 23 bummer


You can't sue your employer for a work-related injury or condition, but you're covered by workers compensation. Call a lawyer who handles workers comp cases near you. Good luck


Worker's compensation does not compensate for normal average flu. Workers compensation can address actual wear and tear injuries if they are diagnosed by a physician who indicates that they are causally related to duties of employment. With all respect, I'd remove the hyperbole regarding drive for production - that's what all employers want - and stature.

But, if you do in fact have a diagnosed wear and tear injury there may be something. Consult with a workers compensation attorney in your jurisdiction.

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


You need a worker's compensation attorney. You cannot sue your employer directly for job-related health issues.

Good luck.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


Since your injury was caused within the course and scope of your employment making a workers compensation is your exclusive remedy. You should consult with a workers compensation attorney & if treated unfairly by H/R seek the advise of a labor law attorney.

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


Workers comp. Retain a local workers comp lawyer to investigate.

Only 29% Contingency Fee! Phone: 215-510-6755


Workers' Compensation is your remedy.

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.


If your employer has workers compensation insurance, you will assert a claim for workers compensation benefits for work caused injuries, and you should contact a local attorney who does workers compensation. If your employer is paying you under the table, or does not have workers compensation attorney, you can call us for a free consultation.

Brad C. Brereton

In all cases it is advisable to consult an experienced attorney. Nothing stated herein is intended as legal advice for your specific situation, and you should use the information provided solely for the purpose of choosing an experienced attorney for the problems presented.