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.
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....