When an injured employee sue his employer

[deb]

I have read at this site....

Ordinarily an employee who qualifies for workers' compensation benefits may not file a personal injury suit against the employer. There are two narrow exceptions where workers' compensation preemption might not apply, and an employer might be subject to lawsuit:

When an employer intentionally causes injury to an employee.
When an employer is required to carry workers' compensation coverage but fails to do so.
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I have been sitting in a chair I have been complaining about to my boss for over a year now..... Boss says just put a magazine under your hip see if that helps.... says to me your husbands a Dr. he can give you something.... makes fun of me laughing to other people who come in the office telling them My hubby is a Dr. D.C.and I have back trouble.... and they just rip it up.... think it is real funny..

Finally I got hurt…. This chair hydraulics were messed up causing me shoulder pain that I was getting treated for…. Chair wouldn’t lift up to proper level to type comfortably. Boss gave me a chair temporarily… in two days this chair blew my low back out…Have moderate arthritis in the low back….. I was out on a workman’s compensation claims for 4 weeks getting Chiro treatments.

Came back to work after the 4 weeks and they made me sit in the same chair…. Boss gave me a back cushion…. I had some pain pills from the previous back pain…. Took them to relieve the pain,. After being at same chair for 1 week and the following Tuesday this chairs hydraulics fell with me in it…. Twisted and turned to keep from falling out of the chair….. e-mailed my boss to tell her again I need to go to the Dr… right away… from the pain…

I have now been out of work from this last episode for 5 weeks now on workman’s compensation..

This is willful neglect.... but can one consider this as intention?

What do you think?

MRI showed recent tear at L-3. Buldging disc L-5/4 one also for the shoulder pain T-4.... also a hemoangeoma at L-2.... L-3 the work comp dr they sent me to said this will keep me from sitting or standing for more than 15 min at a time....

Deb

[deb]

May I add that I am 52 years old....

This set's me over the 40 year age of the new law for people who are over 40 and the Age discrimination law...

Deb

[aaron]

You don't suggest that your employer actually intended that you suffer injury, even if you believe he was contemptuous of your condition. But, depending upon the circumstances, there may be an ADA claim. You may wish to discuss your situation with a lawyer who handles plaintiff-side employment law in your state.